HomeMy WebLinkAboutAgenda Report - November 4, 2020 C-11AGENDA ITEM Can I I
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to
Professional Services Agreement with Telstar Instruments, of Concord, for
Supervisory Control and Data Acquisition and Instrumentation Maintenance
($130,000)
MEETING DATE:
PREPARED BY:
November 4, 2020
Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment
No. 1 to Professional Services Agreement with Telstar Instruments,
of Concord, for Supervisory Control and Data Acquisition and
instrumentation maintenance, in the amount of $130,000.
BACKGROUND INFORMATION: The City of Lodi owns and operates a number of water and
wastewater facilities which include the Surface Water Treatment
Facility (SWTF), the White Slough Water Pollution Control Facility
(WSWPCF), 28 groundwater wells, 16 storm water lift stations, and 11 sewer lift stations. All the facilities
listed above utilize a computer -monitored alarm, response, control, and data acquisition system commonly
referred to as a Supervisory Control and Data Acquisition (SCADA) system. The central SCADA system
for the water system, storm, and sewer lift stations is located at SWTF. WSWPCF operates
independently on its own SCADA system.
The additional funding request is needed to address unanticipated, SCADA-related projects at WSWPCF,
assure adequate funding to perform routine maintenance through the end of the contract term, and to
complete planned SCADA upgrades at Well 4R.
Staff recommends authorizing City Manager to execute Amendment No. 1 to Professional Services
Agreement with Telstar Instruments, of Concord, for Supervisory Control and Data Acquisition and
instrumentation maintenance, in the amount of $130,000.
FISCAL IMPACT: Funds for the SCADA and instrumentation services were budgeted in the
Water Operations budget and Wastewater Operations Budget. This work
does not impact the General Fund.
APPROVE
\\PwadCO2\msc$\GROUP\ADMIN\Council\2020\11042020\Telstar\CC_Telstar_TK.doc 10/22/2020
Adopt Resolution Authorizing City Manager to Execute Amendment No, 1 to Professional Services Agreement with Telstar Instruments, of Concord, for Supervisory
Control and Data Acquisition and Instrumentation Maintenance ($130,000)
November 4, 2020
Page 2
FUNDING AVAILABLE: Water Production (56052003.72450): $ 70,000
Water Plant Ops (56052005.72450): $ 20,000
White Slough Ops (53053003.72450): 40,000
TOTAL: $130,000
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Travis Kahrs, Water Plant Superintendent
CES/TK/tw
Attachment
\\pwadc02\msc$\GROUP\ADMIN\Council\2020\11042020\Talstar\CC_Telstar TK.doc 10/22/2020
AMENDMENT NO. 1
TELSTAR INSTRUMENTS
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT, made and entered this day of November, 2020, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and TELSTAR INSTRUMENTS, a
California corporation (hereinafter called "CONTRACTOR").
WITNESSETH:
WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on
July 10, 2019 (the "Agreement"), attached hereto as Exhibit 1, respectively, and made a part
hereof; and
WHEREAS, CITY requested to increase the fees under the agreement by $130,000, for a
total not to exceed amount of $250,000, for Well 4R upgrades and supervisory control and
data acquisition system instrumentation maintenance; and
3. WHEREAS, CONTRACTOR agrees to said amendments; and
NOW, THEREFORE, the parties agree to amend the not to exceed amount under the
Agreement and expand the scope of services as set forth above. All other terms and conditions of the
Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation
Herein above called "CITY"
LIM
STEPHEN SCHWABAUER
City Manager
Attest:
JENNIFER CUSMIR
City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney jdm
TELSTAR INSTRUMENTS
a California corporation
Hereinabove called "CONTRACTOR"
By:
TAMMY MISENHIMER
Contract Administrator
Exhibit 1
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into orZAb 14 2019, by and between the CITY
OF LODI, a municipal corporation (hereinafter "CITY"), and TELSTAR INSTRUMENTS,
a California corporation (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for SCADA and
instrumentation maintenance (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Sco a of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shalt rot be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffina
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its owii cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals, legally required for
CONTRACTOR to practice its profession, which may be imposed against CITY under
this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Terra
The term of this Agreement commences on July 1, 2019 and terminates upon the
completion of the Scope of Services or on June 30, 2021, whichever occurs first.
Section 2.7 Option to Extend Term of Actreement
►q
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of -its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed four (4) years.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Arudiflmg
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
3
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscriminati
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts; -errors -or- emissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
4
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liabllify
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the. life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed• to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Travis Kahrs
To CONTRACTOR: Telstar Instruments
1717 Solano Way, Unit 34
Concord, CA 94520
Attn: Tammy Misenhimer
5
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and. deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4..12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Seyerabilitysand Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
6
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Inte ration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of '
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
7
R harmless from any
CITY agrees to indemnify, defend and hold CONTRACTO
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 AuthoEint
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
CITY OF LODI, a municipal corporation
ATTEST:
t" e e+
fiManager
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
l3Y�,.
t
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
TELSTAR INSTRUMENTS, a California
corporation
By: —
Name:
Title:
TAMMY MISENHIMER
Contract Administrator
Funding Source: 56052003.72450• 56052005.72450• 53053003.72450• 53053004.72450-
53053005.72450
(Business Unit & Account No.)
Doc ID:R:\GROUP\ADMIN\Council\2019\05152019\Telstar\PSA.doc
CA:Rev.01.2015
8
A
T EL TAA �_
I N S T R U M E N T S
Exhibit PJB
Contractor License #422364
CONTROL SYSTEM INTEGRATION - INSTRUMENTATION SALES & SERVICE
SCADA - PLC/HMI - Telemetry - Calibration - Maintenance
April 4, 2019
City of Lodi
Sent via email: Travis Kahrs <tkahrs@lodi.gov>
Attn: Travis Kahrs.
Proj: City of Lodi WTP & SCADA
Subj: SCADA and Instrumentation Maintenance
Ref: 27625A
Dear Travis,
Telstar Instruments is pleased to provide this quotation for SCADA and instrumentation
maintenance services for the City of Lodi water and wastewater facilities. Services will
be provided on a time and materials basis. The budget for the 2019-2020 year of the
maintenance agreement is $120,000. Hourly rates for various categories of technicians,
programmers, and engineers are provided herein. Anticipated scope items that will be
provided under this SCADA and instrumentation maintenance services agreement
follow.
Anticipated Scone of Services
Instrument Maintenance — calibration and troubleshooting for hydraulic and analytical
instrumentation at the water and wastewater facilities.
SCADA Maintenance — maintain backup SCADA computers and PLCs; apply Microsoft
and Wonderware updates as applicable; evaluate system for deficiencies; address
operations identified maintenance items.
On-call Emergency Services — Telstar maintains 24/7 emergency Instrumentation and
SCADA support for its customers. Provide as -needed emergency controls system
support services for the water and wastewater facilities.
Project Integration — provide SCADA integration services for various new and existing
storm water, water, and wastewater facilities, as needed. Incorporate facilities into
existing SCADA, communications, and PLC systems.
Project Integration Well 4 —
SCOPE OF SERVICES
1. Replace existing we114 PLC5 (obsolete) system with new Allen Bradley PLC.
2. Provide new PLC backplane with PLC hardware.
3. Configure existing PLC and scada functionality.
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, CA93230 Phone 559-584-7116, Fax 559-584-8028
Page 1 of 4
►'
STAa J-6411 +r r
I N S T R U M E N T S
Hardware and Software Budgeted for Scope ............................................. $51,926.00
Time and Material Rates, Normal Working Hours
Rates are valid through June 30, 2019
instrumentation Technician.....................:........................................................ $134.40/hr
Califomia Certified Electrician.......................................................................... $139.86/hr
PLC/SCADA Computer Programmer............................................................... $159.53/hr
Senior PLC/SCADA Computer Programmer.................................................... $183.57/hr
Senior Engineer (registered CA Professional Engineer) .... .............................. $192.32/hr
Vehicle Usage/Fuel/Test Equipment/Toot charge..........................................$147.51/day
Materials....................................................................................................... cost plus 15%
Time and Material Rates, Normal Working Hours
Rates are valid through June 30, 2020
Instrumentation Technician.............................................................................. $138.431hr
California Certified Electrician.......................................................................... $144.06/hr
PLCISCADA Computer Programmer............................................................... $164.32/hr
Senior PLCISCADA Computer Programmer.................................................... $189.08/hr
Senior Engineer (registered CA Professional Engineer) .................................. $198.08/hr
Vehicle Usage/Fuel/Test Equipment/Tool charge..........................................$151.94/day
Materials...........................••.......................................... ........................... cost plus 15%
Notes on Labor Rates:
1. Rates are valid through June 30, 2020. Rates will be increased on an annual basis for inflation /
cost of living expenses.
2. Travel time is billed pertal to portal at the above rates.
3. Overtime is anything after 8 hours Monday— Friday. Time outside of normal business hours
Monday— Friday, and time on Saturday and Sunday is billed at Overtime / Emergency Rates.
4. Onsite service calls carry a 4 -hour minimum per person; time over 4 hours is charged as 8 hours.
Minimum charge for remote support is 2 hours.
5. Telstar is available 24 hours per day, 7 days a week to provide remote and onsite services as
needed for your SCADA system. Onsite emergency calls carry a 4 -hour minimum.
Labor Budgeted Not to exceed ..................
$120,000.00
a. Telstar labor will be billed against this contract on a monthly basis and each invoice will show
your remaining balance. A minimum of 25% of the contractvalue must be expended in FY 19/19.
The remaining balance of the contract up to 75% may be rolled over to the next fiscal year.
b. This agreement provides you guaranteed response time for remote support within 2 to 4 hours of
your call for service.
c. This agreement provides you guaranteed response time for normal on-site support within 24
hours of your call for service.
Page 2 of 4
A
IrELSTARII�r
I N S T R U Ml E N T S
d. This agreement provides you guaranteed response time for emergency on-site support within 8
hours of your call for service.
e. All pricing is based on Telstars standard Terms and Conditions.
f. Telstar's quotation includes only those items listed above. Requests for additions/deletions from
our scope will require a change in the quoted price.
g. We assume no responsibility for performance, applicability, start-up, testing, or acceptance of any
equipment not furnished by Telstar under this proposal.
Terms and Conditions will be per the Agreement for Professional Services that will be agreed upon and executed by
all parties. Until then, Telstar's normal Terms and Conditions will apply.
We look forward to working with you on this project. If you have any questions, please contact meat
the phone number below.
Sincerely,
Suresh Patil.
Telstar Instruments
916 646 1999
Not to exceed $120,000
Page 3 of 4
Exhibit C
NOTE. The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insuramw RIggirements for Mast Contractks
INot canstm -donor reguirfnQ_nrofiessivnaf Ifabilltyl
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
I- Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
O her Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the gJJ] OFZQ2J-must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect
that it is insuring.
(d) Seve%b i 11 ty of Interest C I aAj se
The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to
increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Chane in Covera a Endorsement
This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the Risk Manager, City of Lodi; 221 West Pine St., Lodi, CA 95240.
Page 1 I of pages 11 Risk: rev. 3/1/2018
(t) goatnuity of Covemae
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the
City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or
statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 at seq.).
(g) F:�ilwg ;a Corr ;y
If Contractorfails ar refUses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractorshall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) VgHf!� 'kr orQaverao
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsersents are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise atter the effective
date.
(i) 5clf—fis5ured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or city.
G) trtt4r,@nce L}mics
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(I) !�ualifiecf ins�rLZ
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, Vi" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Signature: -
JaniceD Magdi,'
Email: jmagdich@lodi.gov
Page 2 1 of 2 pages Risk: rev 3/1/2018
RESOLUTION NO. 2020-250
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH
TELSTAR INSTRUMENTS, OF CONCORD, FOR SCADA AND
INSTRUMENTATION MAINTENANCE
WHEREAS, the City owns and operates the Surface Water Treatment Facility, White
Slough Water Pollution Control Facility (WSWPCF), 28 groundwater wells, 16 storm water lift
stations, and 11 sewer lift stations, all utilizing a supervisory control and data acquisition system
commonly referred to as SCADA; and
WHEREAS, the City currently utilizes Telstar Instruments for ongoing SCADA and
instrumentation maintenance; and
WHEREAS, additional funding is required to address unanticipated SCADA-related
projects at WSWPCF, assure adequate funding to perform routine maintenance through the end
of the contract term, and to complete planned SCADA upgrades at Well 4R; and
WHEREAS, staff recommends the City Council authorize the City Manager to execute
Amendment No. 1 to the Professional Services Agreement with Telstar Instruments, of Concord,
for SCADA and instrumentation maintenance, in the amount of $130,000, for a total not -to -
exceed amount of $250,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the Professional Services
Agreement with Telstar Instruments, of Concord, California, for SCADA and instrumentation
maintenance, in the amount of $130,000, for a total not -to -exceed amount of $250,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: November 4, 2020
I hereby certify that Resolution No. 2020-250 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 4, 2020, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
JENNIFER CUSMIR
City Clerk
2020-250