HomeMy WebLinkAboutReso - CC - 137-2019RESOLUTION NO. 137-2019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH TELSTAR
INSTRUMENTS FOR SCADA SERVICES RELATED TO THE CITY'S UTILITY
INFRASTRUCTURE SYSTEM
RESOLVED, by the CITY COUNCIL of the City of Burlingame, California which FINDS,
ORDERS and DETERMINES AS FOLLOWS:
1. The public interest and convenience require execution of the agreement cited in
the title above, in substantially the form attached.
2. The City Manager is authorized to sign said agreement on behalf of the City of
Burlingame.
3. The City Clerk is instructed to attest such signature.
( lix
Donna Colson, Mayor
I, Meaghan Hassel Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the 4th day of
November, 2019 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Meaghan Hassel -Shearer, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
WITH TELSTAR INSTRAMENTS, INC
THIS AGREEMENT is entered into this day of 2019,
by and between the City of Burlingame, State of California, herein called the "City", and
Telstar Instruments, Inc. engaged in providing Supervisory Control and Data Acquistion
(SCADA) services herein called the "Consultant".
RECITALS
A. The City is considering conducting activities for consultant services for electrical
instrumentation/control engineering, SCADA programming and support, and pump
station diagnostics.
B. The City desires to engage a professional consultant to provide scheduled service
calls, hardware & software upgrades, and server maintenance; communication
failure investigations, historian data loss recoveries, and hardware failures
analysis; ongoing system analysis in order to recommend, design and implement
system wide upgrades and improvements because of Consultant's experience and
qualifications to perform the desired work, described in Exhibit A.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide professional services such as
scheduled service calls, hardware & software upgrades, server maintenance,
system analysis, recommend, design and implement system wide upgrades and
improvementsfor the departments SCADA system and as detailed in "Scope of
Services" of the attached Exhibit A of this agreement.
2. Time of Performance. The services of the Consultant are to commence upon
the execution of this Agreement with completion of all work by December 31,
2022.
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3. Compliance with Laws. The Consultant shall comply with all applicable laws,
codes, ordinances, and regulations of governing federal, state and local laws.
Consultant represents and warrants to City that it has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for
Consultant to practice its profession. Consultant represents and warrants to City
that Consultant shall, at its sole cost and expense, keep in effect or obtain at all
times during the term of this Agreement any licenses, permits, and approvals which
are legally required for Consultant to practice its profession. Consultant shall
maintain a City of Burlingame business license.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging
all persons necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Consultant by the City
and all reports and supportive data prepared by the Consultant under this
Agreement are the City's property and shall be delivered to the City upon the
completion of Consultant's services or at the City's written request. All reports,
information, data, and exhibits prepared or assembled by Consultant in connection
with the performance of its services pursuant to this Agreement are confidential
until released by the City to the public, and the Consultant shall not make any of
these documents or information available to any individual or organization not
employed by the Consultant or the City without the written consent of the City
before such release. The City acknowledges that the reports to be prepared by
the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and City's use of the information contained in the reports prepared
by the Consultant in connection with other projects shall be solely at City's risk,
unless Consultant expressly consents to such use in writing. City further agrees
that it will not appropriate any methodology or technique of Consultant which is
and has been confirmed in writing by Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not
exceed $100,000 per year; and payment shall be based upon City approval of each
task.
Billing shall include current period and cumulative expenditures to date and shall
be accompanied by a detailed explanation of the work performed by whom at what
rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for City review, even if only in partial or draft form.
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7. Availability of Records. Consultant shall maintain the records supporting this
billing for not less than three (3) years following completion of the work under this
Agreement. Consultant shall make these records available to authorized
personnel of the City at the Consultant's offices during business hours upon written
request of the City.
8. Proiect Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Michael Heathcote, Streets, Storm Drains & Sewer Division
Manager.
9. Assignability and Subcontracting. The services to be performed under this
Agreement are unique and personal to the Consultant. No portion of these
services shall be assigned or subcontracted without the written consent of the City.
10. Notices. Any notice required to be given shall be deemed to be duly and properly
given if mailed postage prepaid, and addressed to:
To City: Kevin Dawdy
City of Burlingame
1361 N Carolan Avenue
Burlingame, CA 94010
To Consultant: Ms. Tammy Misenhimer
Telstar Instruments, Inc.
1717 Solano Way, Unit 34
Concord. CA 94520
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to City.
11. Independent Contractor. It is understood that the Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an
independent contractor and not an agent or employee of the City. As an
independent contractor he/she shall not obtain any rights to retirement benefits or
other benefits which accrue to City employee(s). With prior written consent, the
Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement.
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Consultant agrees to testify in any litigation brought regarding the subject of the
work to be performed under this Agreement. Consultant shall be compensated
for its costs and expenses in preparing for, traveling to, and testifying in such
matters at its then current hourly rates of compensation, unless such litigation is
brought by Consultant or is based on allegations of Consultant's negligent
performance or wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities
is solely to the City. The Consultant has and shall not obtain any holding or
interest within the City of Burlingame. Consultant has no business holdings or
agreements with any individual member of the Staff or management of the City or
its representatives nor shall it enter into any such holdings or agreements. In
addition, Consultant warrants that it does not presently and shall not acquire any
direct or indirect interest adverse to those of the City in the subject of this
Agreement, and it shall immediately disassociate itself from such an interest
should it discover it has done so and shall, at the City's sole discretion, divest itself
of such interest. Consultant shall not knowingly and shall take reasonable steps
to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person, Consultant
discovers it has employed a person with a direct or indirect interest that would
conflict with its performance of this Agreement, Consultant shall promptly notify
City of this employment relationship, and shall, at the City's sole discretion, sever
any such employment relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal
opportunity employer and shall comply with applicable regulations governing equal
employment opportunity. Neither Consultant nor its subcontractors do and
neither shall discriminate against persons employed or seeking employment with
them on the basis of age, sex, color, race, marital status, sexual orientation,
ancestry, physical or mental disability, national origin, religion, or medical
condition, unless based upon a bona fide occupational qualification pursuant to the
California Fair Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and
his/her firm to an amount not less than: One million dollars
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($1,000,000) combined single limit per occurrence and two million
dollars ($2,000,000) aggregate for bodily injury, personal injury and
property damage in a form at least as broad as ISO Occurrence Form
CG 0001.
ii. Consultant agrees to have and maintain for the duration of the
contract, an Automobile Liability insurance policy ensuring him/her
and his/her staff to an amount not less than one million dollars
($1,000,000) combined single limit per accident for bodily injury and
property damage.
iii. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than two
million dollars ($2,000,000) each claim/aggregate sufficient to insure
Consultant for professional errors or omissions in the performance
of the particular scope of work under this agreement.
iv. 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.
B. General and Automobile Liability Policies:
The City, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the
Consultant. The endorsement providing this additional insured
coverage shall be equal to or broader than ISO Form CG 20 10 11
85 and must cover joint negligence, completed operations, and the
acts of subcontractors. This requirement does not apply to the
professional liability insurance required for professional errors and
omissions.
ii. The Consultant's insurance coverage shall be endorsed to be
primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self -insurances
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maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. In addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law. Further,
Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective
employees.
D. All Coverages: Each insurance policy required in this item shall be
endorsed to state that coverage shall not be canceled except after thirty
(30) days' prior written notice by mail, has been given to the City (10 days
for non-payment of premium). Current certification of such insurance shall
be kept on file at all times during the term of this agreement with the City
Clerk.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a
Best's rating of no less than A-:VII and authorized to do business in the
State of California.
F. Verification of Coverage: Upon execution of this Agreement, Contractor
shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates
and endorsements are to be on forms approved by the City. All certificates
and endorsements are to be received and approved by the City before any
work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
15. Indemnification. To the fullest extent permitted by law, Consultant shall save,
keep and hold harmless indemnify and defend the City, its officers, employees,
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authorized agents and volunteers from all damages, liabilities, penalties, costs, or
expenses in law or equity, including but not limited to attorneys' fees, that may at
any time arise, result from, relate to, or be set up because of damages to property
or personal injury received by reason of, or in the course of performing work which
arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the
negligence, recklessness, or willful misconduct of Consultant, or any of the
Consultant's officers, employees, or agents or any subconsultant. This provision
shall not apply if the damage or injury is caused by the sole negligence, active
negligence, or willful misconduct of the City, its officers, agents, employees, or
volunteers.
16. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder, nor does waiver of a breach or default under this Agreement
constitute a continuing waiver of a subsequent breach of the same or any other
provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be
governed by and construed under the laws of the State of California. Venue for
any action regarding this Agreement shall be in the Superior Court of the County
of San Mateo.
18. Termination of Agreement. The City and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than fifteen (15)
days written notice of termination. In the event of termination, the Consultant
shall deliver to the City all plans, files, documents, reports, performed to date by
the Consultant. In the event of such termination, City shall pay Consultant an
amount that bears the same ratio to the maximum contract price as the work
delivered to the City bears to completed services contemplated under this
Agreement, unless such termination is made for cause, in which event,
compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the City and the
Consultant.
20. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between the City and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this
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Agreement, unless hereafter made in writing and signed by the party to be bound,
shall be binding on either party.
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement
as of the date indicated on page one (1).
City of Burlingame
"Consultant"
Lisa K. Goldman Consultant Name
City Manager Print Name:
Title:
Approved as to form:
City Attorney — Kathleen Kane
ATTEST:
City Clerk - Meaghan Hassel -Shearer
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TELSTAR*
I N S T R U M E N T S
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
October 30, 2019
City of Burlingame
1361 N. Carolan Ave.
Burlingame, CA 94010
Sent via Email: mheathcote@burlingame.org
Attn: Mike Heathcote
Subject: Water Service Rates for 2019-2020 Fiscal Year
Dear Mike,
Below is a full breakdown of our service rates for the upcoming fiscal year. These rates are good from
October 28, 2019 through November 1, 2020.
Chemical Feed/OSG Services....................................................................................................... $156.00/hr
Journeyman Instrumentation Technician.................................................................................... $154.00/hr
California Certified Electrician (Prevailing Wage subject to change on determination date)...... $146.00/hr
PLC/SCADA-HMI Programming.................................................................................................... $179.00/hr
Sr. Engineer (registered CA Professional Engineer)...................................................................... $196.00/hr
Travel time (portal to portal).......................................................................................................... $99.00/hr
Vehicle Usage/Test Equipment/Tool charge..............................................................................$185.00/day
Fuel Surcharge (After average gas price exceed $3.00/gallon)...................................... 33% of Vehicle Cost
MaterialMark-up......................................................................................................................Cost plus 20%
PerDiem if required..................................................................................................................Cost plus 12%
Note: Standard overtime rates apply
Notes:
a. Travel is included to 30 miles. Over 30 miles from the Concord shop is billed at the above rates.
b. Overtime is anything after 8 hours Monday -Friday. Saturdays are billed at 1.5 up to 8 hours.
Sundays and all hours after 12 hours in a day is double time.
c. Service calls and time and materials rates carry a 4-hour minimum per person, time over 4 hours
is charged as 8 hours.
d. Telstar provides 24-hour service seven days a week. Our normal response time is within 48
hours.
1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507
4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096
202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
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EXHIBIT A
T E L S" TA R
INSTRUMENTS Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
SCOPE OF SERVICES
1. Provide Chemical Feed & OSG maintenance services on an as -needed basis.
2. Provide Instrument calibration, troubleshooting, and maintenance on an as -needed basis.
Telstar recommends most instrumentation be calibrated annually or semi-annually.
3. Provide electrical troubleshooting and maintenance services on an as -needed basis. Telstar
recommends most electrical equipment be inspected and cleaned annually.
4. Provide PLC, HMI, and SCADA programming services on an as -needed basis.
5. Provide engineering and radio systems troubleshooting and maintenance on an as -needed basis.
6. Provide the City with engineering and consultation services relating to improvements and
upgrades.
7. Provide training to City Staff on an as -needed basis.
8. Provide recommendations for software and hardware upgrades on an as -needed basis.
Please contact me at 916-646-1999 if you have any questions or need to schedule services.
Sincerely,
Kyle Johnsen
Telstar Instruments
(916) 646-1999
1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507
4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096
202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028
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