HomeMy WebLinkAbout _ 4.11(g)--Award Proposal for Instrumentation, Control, Programming, and Electrical Design Services GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: September 19,2023 FROM: Chuck Aukland, Public
ITEM NO. 4.11(g} Works Director
***APPROVED BY***
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ukl�n�l,H'ciblic Wc�aks L'��reGt ' �?l'7/2423 ry ip}�in,�C"i ana � 9,i11(2423
caulcland@ci.redding.ca.us btippin@cityofredding.org
SUBJECT: 4.11(g)--Award Proposal and A�uthorize Execution of Consulting and Professional
Services Contract for Instrumentation, Control, Programming, and Electrical Design Services for
the Public Works De artment, Water Utilit Division
Recommendation
Authorize the following actions relative to a proposal to provide engineering services for
Instrumentation, Control, Programming, and Electrical Design Services for the City of Redding
Water Utility:
(1) Award a Consulting and Professional Services Contract to TJC and Associates, Inc., in an
amount not to exceed$155,000;
(2) A�uthorize the City Manager to execute the Contract and approve future contract
amendments up to $30,000; and
(3) Find that contract approval is not a project defined by the California Environmental
Quality Act.
Fiscal Impact
There are adequate funds in the Fiscal Year 2023-24 City of Redding (City) Water Utility
(Utility) budget for the $155,000 fee for services. Funding this work will not impact other
activities.
Alternative Actzon
The City Council (Council) may choose not to award the Consulting and Professional Services
Contract (Contract). This alternative may result in the delay of efforts to document and make
improvements to the Utility's water treatment and distribution system process controls. The
Council may also provide alternative direction to staff.
Report to Redding City Council September 22,2023
Re: 4.11(g)--Award Proposal forinstrumentation, Control, Programming, and Electrical
Design Services Page 2
Background/Analysis
The purpose of this Contract is to provide instrumentation, controls, and electrical (ICE)
engineering, and control systems programming (CSP) services as requested by the Utility. This
project covers various ICE and CSP tasks to support the City's efforts to enhance our ability to
operate and maintain water treatment and distribution system process controls. The City seeks to
implement several improvements including:
• Maintain the City's Tag Naming Standard;
• Maintain and Update the Process and Instrumentation Diagrams for the City's water
treatment and distribution facilities;
• Develop Control Descriptions for Foothill Water Treatment Plant;
• Develop Control Descriptions for the water distribution facilities;
• Develop Ignition Templates for the treatment plants and distribution facilities;
• Develop PLC user-defined data types and add-on instructions for treatment plants and
distribution facilities;
• Develop Water Utility Electrical Drawings and Schematic Diagrams; and
� Other electrical engineering and programming services on an as-needed basis.
TJC and Associates, Inc. (TJCAA) has completed several successful projects for the City over
the past few years. Currently, they are working on our Water System Network Implementation
project which was awarded through our"On-Ca11 Engineering Services" list and the contract was
executed in August 2023. Although the Municipal Code allows the City Manager to award
contracts less than $200,000, the work involved is of a similar nature to work already being
performed by TJCAA and to promote transparency, staff elected to bring this award before
Council for consideration. This contract has been approved as to form by the City Attorney.
Environmental Review
Contract approval is not a project as defined by the California Environmental Quality Act, and
no further action is required.
Council Pr�iority/City Manager Goals
• Government of the 21st Century — `Be relevant and proactive to the
opportunities and challenges of today's residents and workforce. Anticipate the
future to make better decisions today."
• Public Safety — "Work to improve all aspects of public safety to help people feel
secure and safe where they live, work, and play in the City of Redding."
Attachments
Contract
August 2023 Contract
CITY C}F REDDING
tCONSULTING ANU PR.C3FESSIC}NAL SERVICES CONT CT
TFIIS CGNTRA+CT is�1�ade at Reddiizg,Califo�-nia, by aiad between tl�e City of Reddin�('`City").
a inunicipal cor•�or�tion, ai7d TJC and Associates, Ii�c. (:'Consultant°") for the p�zrpose o#
Insti�unle�7tation, Carltral, Frograrzit»in�, and Electric Desi�n Serviees loi• the Water Utilitv
Divisian.
"VVHLRCAS, City does not I�ave sutficieni peisoni�el ta perf�rm the services rer�uiz•ed ]lei�eil7
tl�el-�by necessitating t1�is Contt-aci for�ersa�lal services.
I�OW, THEREFORE; tl�e Parties covenan� and a�ree, fo�• good cor�sideratioi� hereby
ackl�owledged, as fallows�
SECTION 1. C+DNSCJLTANT SERVIC'ES
Subject to the tc�•n�s ancl canditions set farth in this Cantiact, Consultant shall pr�vide to
City filie services clescz�ibed in Exhibit A,afitac]�ed aa�d inc�i�porated herein. Cansultatlt shail
provide tlie se�vices al tlle tiane,p�ace aixd in the 1lianner speci�ed i�a E�:l�ibit A.
SECTItJN 2. CCIMPENSATI(3N AND R�IMBLTRSEMENT C?F COSTS
A. Gity s��all �ay Coiasultai�t for sei°vices lendered pui•su�z�t to thzs Contract, at tl�e times
ai7d ir7 ihe�-�iai�nel•set�or•t1� in Exllibit A, attached and iH�co�poi°ated Ilerei��; in a tc�ial
amoua�t not to exceed C7n� Hui�d�•ec� Fxfty-Five Thousand.Dollaa-s ($15S,OQ0). This
sum ii�cludes all aut-of-pocket travel, lodging a1ic� ii�cidental expenses inct���red by
Consultat�t that are i•easonably associated with the pt�ov°rsion af services under ihis
Ca�ltract, The payrnents speci�tied hereir� shall bc tlle only� payment� tn be inade to
Cc�nsultant foz�services rendea�ed purscaant to this Cc�ntract.
B. Cansult�nt shall stib�nit monti�ly invo�ces ta City for tivag•k completed to the date of
the invoice. All illvoices sl�all be itemized to ret�ect the ernployees �erformi�Ig the
��equested tasks, the billii��rate tor eael�em�loyee alzd the llotirs warked:
C. Al] correct,coa��plete at�tfi undisputed invc�lces sent by Consultant ta Gity shall Ue paid
witl�iri thirty (30) calendaa-days ofrec�ipt,
SECTIC►N 3. TERM AND TERMTNATION
A. Coa�sultant shall coillmence work on c�r about.Tuly 31, 20��, ai�ci complete saici woi•k
no later tha�� Deceia�be�• �1, 2025. Tin�e is of tlie essence.
B. If Cot�sultant fails to per�fo�•m its duties ta t11e s�tisfactiaza of City, or if co��sultant �
fails to fulfill in a timely aald pr�afessioiial marli�er its abli�atiolis undei-this�Contract, `
�
Consaltin�anci I'rofessional Services Agreesnee�t Fay�e I �
Rev.6/1�
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then City sliall Ilave the right to terminate this Contract effective immediatel}� upon
City gi��ing written notice thereof to Consultant.
G. Eithec Party may terminate tl�is Contract without cause on thirty (30) calendar days'
written notice. Notwithstandin�� the preceding, if the ternl set forth in Section 3.A.
of this Contract exceeds ninety(90)calendar days in duratioii, Consultant's sole right
to terminate shall be limited to termination for cause.
D. Consultant hereby acknowledges and a�rees that the obligatioi� of City to pay linder
this Contract is contingent upon tlle availability of City's f'unds whi�h are
appropriated or allocatecl by the City Council. Should the funding for the project
and/or work set forth herein not be appropriated or allocated by the City Council,
City m�y termiilate this Agreement by fi�rnishing at least thirty (30) calendar clays'
writteil notice of its intention to tei7ninate. I» the event of a termination pursuant to
this subdivision, Coi�sultant shall not be entitled to a remedv of acceleration of
payments due over the term of this Agreenient. The Parties acknowledge and agree
that the power to terminate described herein is required by Article 16, Section 18, of
the California Constitution, and that constitutional provision supersedes any law,
rule, re�ulation or statute which conflicts with the provisions of this Section.
E. In the evezit that City gives notice of termination, Consultant shall pro�nptly provide
to City any and all finished and uirfinished reports, data, studies, photvgraphs, charts
or other work product prepared by Consultant pursuant to this Contract. City shall
have full ownershi�, including. but not liinited to, intellectual property rigllts, and
control of all such finished and iu�finished reports, data, studies, photographs, chai-ts
or other work product.
F. In the event tllat City terminates tlle Contract, City shall pay Consultant the
reasonable value of services rendered by Consultant pursuant to this Contract;
provided, however, that City shall not in any inanner be liable for lost profits w�hich
mi�ht have Ueen made by Consultant had Consultant completed the services required
by this Contract. Consultant shall, not later than ten (1Q) calendar days after
termination of this Coniract by City, furnish to City such tinancial information as in
the judgment of the City's t�e�resentative is necessary to determine the reasonable
value of the services rendered by Consti�ltant.
G. In no event shall the termination or expiration of this Contract be constctied as a
waiver of any right to seek remedies in law, equity or otherwise for a Party's failLn�e
to perform each obligation required by this Contract.
SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT
n. City sliall make its facilities accessible to Consultant as required foi• Consultant's
perfornlance of its services under tl�is Contract, and, upon request of Consultant,
provide labor and safety equipment as required by Consultant for such access.
Consulting and Professional Services Agreernent Page 2
Rev. 6/15
B. Pursuant to the City's busii7ess license ordinan.ce, Consultant shall obtain a City
business iicense prior to coinmencing wark.
C. Consultant represents and warrants t� City that it has all licenses, permits,
c�ualitications and appi•ovals of any nature whatsoever that are le�ally required for
Coiisultant to practiee its profession. Consultant represents and wai�ants to City that
C�nsultant shali, at its sole cost and expense, keep in effect or obtain at all times
during the term af this Contract any licenses, permits ancl approvals that are legally
required for Consultant to practice its profession.
D. Consultant shall, during the entire term of ti�is Cantract, be construed to be an
indepei�dent contractor and nothing in this Contraci is intended, nor shall it be
constri�ecl, to create an em�aloyer/employee relationship, association, joint venture
relationship, trust or partnership or to allow City to exercise discretion or control over
the professional mamzer in wl�ich Consultant perfi�rms undei•this Contract. Atl}�and
all taxes imposed on Consultant's inconle, imposeci or assessed by reasou of this
Contract or its perfarmance, including but not limited to sales or �lse taxes, shall be
paid by Consultant. Consriltlni shall be i-es�onsible ior any taKes or penalties
assessed by reason of any claims that Consultant is�n employee of City. Consultant
shall not be eligible for coverage under City's workers' compensation insi►rance plan,
benetits under the Public Employee Retiretnent System or be eligible for any other
City benefit.
E. No provision oftl7is Contract is intended to,ar shall be for the benefit of,or construed
ta create ribhts in, or��rant remedies to, any person or entity not a party hereto.
F. No portion of the work ot- services to be performed c�nder this Contract shall be
assigned, transferred, conveyed or subcontracted without the prior written approval
of City. Consultant may use the services of independent contractors and
subcontractors to perform a portion of its obligations under this Contract with the
pz•ior written approval of City. Independent contractors and subcontractors shall be
pravided with a copy of this Contract and Consultant shall have ai� aftirmative duty
to assure that said independent contractors and subcontractors comply with the same
aiid agree to be bound by its terms. Consultant shall be the responsible party with
respect to all actions of its independent contractors and subcontractors, ancl sha11
obtain such insurance a�id indemnity pravisions f'rom its cantractors and
subcontractors as City's Risk Ma�lager shall determine to be necessaiy.
G. Consultant, at such times and in such form as City may require, shall furnish City
with such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs or obligations incurred or to be
incurred in connection therewith, anc� any other tnatters covered by this Contract,
H. Consultant shall rnaintain accounts and records, including personnel, property and
tinancial records, adequate to identify and account for all costs pertaining to this
Contract and such other records as may be deemed ilecessaiy by City to assure proper
Consulting and Professional Services ngreement Page 3
Rev. 6/1_>
accounting for all project fiuids. These records shall be made available for audit
puiposes to state and federal authorities, or any authorized representative of City.
Consttltant shall retain such records for three (3) years after the expiration ot�this
Contract, unless prior permission to destroy them is granted by City.
I. Consultant shall perfor•m all services required pursuant to this Contract in the manner
and accordin;to tlie standai•ds observed by a competent practitioner of Consultant's
}�rofession. All products of whatsoever nature which Consu(tant delivers to City
pursuant to this Contcact shall be prepared in a professional manner and conform to
the standards of quality normally observed by a person practicing the profession ofi
Consttltant anci its agents, einployees and subcantractors assigned to perfor.m the
services contemplated by this Contract.
J. All completecl reports and other data or documents, or computer media 111CIl1CIl11�?
diskettes, and other materials provided or prepared by Consultant in accordance�vith
this Co�ztract are the property of City, and may be used by City. City sl�all have all
intellectual pz-operty rights including, but not limited to, copyright and patent ri�,�hts,
in said documents,computer media.and other materials provided by Consultant. City
shall release, defend, indemni{y and hold harmless ConsuItant from all claims. costs,
expenses, damage or liability arising out of or resulting fi�om City's use or
modification of any repoi-ts, data, documents, drawings, specifications or other work
produet prepared by Consultant,except ior use by City on those portions of the City's
project for which such items were prepared.
K. Consultant, including its employees, agents, and subconsultants, s11a11 not maintain
or acquire any direct or iridireci interest that cont7icts witll the perfoi�nance of this
Contract. Consultant shall comply with all requirements of the Political Reform Act
(Government Code � 8100 et seq.) and other laws relating to conf7icts of interest,
including the followin�;: 1) Consultant shall not �nake or pairticipate in a decisian
made by City if it is reasonably foreseeable that the decision may liave a material
effect on Consultant's economic interest, and 2) if requii•ed by the City Attorney,
Consu(tant shall file iinancial disclosure foni�s with the City Clerk.
SECTION 5. INSUItANCE
A. Unless modified in writing by City's Risk Manager, Consulfiant shall maintain the
following noted insurance dui•ing the duration of the Contract:
Covera6e Requimd Not Required
Commercial General Liability X
Cornprehensive Vehicle Liability X
Wockers' Com�ensation and Employers` Liability X
Professional Liability(Errors and Omissions) X
(Place an"x" in the appropriate boz}
Consulting and Professional Services Abreement Page=1
Rev.6/1�
B. Coverage shali be at teast as broad as:
l. Insurance Services Of.fice foi-m nuinber CG-0001, Camlliercial General
Liability Insurance, in an amount not less than$I,OOQ,000 per occurrence and
$2,000,000 �eneral ag�regat� far bodily injury, personal injury and �roperty
damage;
2. Insuratice Services Office foi-�n numbei•CA-OOOI (Ed. 1/87), Comprehensive
Automobile Liability Insui�ance, which provides lor total limits of not less
than $1,000,000 combined single limits per accident appIicable to ail owned,
non-owned and hired vel�icles;
3. Statutory Woekers' Campensation required by the Labor Code of the State of
Galifarnia and �m�loye�•s' Liability Insurance in ai� amount n�t less than
$1,�00,000 per accurrence. Both the Woi•kers' Compensation anci
Enlployers' Liability golicies sh�il contain the insurer•'s waivei•of stibrogation
in favor oi� City, its elected officials, ofticers, employees, agents a�id
volunteers,
4. Professional Liability (Errors and Omissions) Insurance, appropriate to
Consultant`s profession, abainst loss due to error or omission or malpractice
in an amoiint not less than $1,000;000.
�. The City does not accept insurance certiticates or endorsements with the
wording `=bzit only in the event of�named insui•ed's sole negiigence"or any
other verbia�e limitin� the insured°s insurance responsibility.
C. Any deductibles or seli=insured retentioils inust be decl�red to and approved by City.
At the option ofthe City.eifher: the insurer shall reduce or eliminate such deductibles
or se�lf ii�sured re�fientions as respects tl�e City, its elected ofticials, ofticers,
employees, agents and volunteers; ar the Consultat�t shall procure a bond
guaranteeina payment of losses and related investi;ations,claims administratio�l and
defet�se e�penses.
D. The Gei�eral Liability shall contain or be endorsed to contain the following
pravisions:
1. Ci.ty,its elected ot�icials, of'ficers, employees, and agents are to be covered as
additional insured as respects Iiability arising out of work or operations
performed by or on behalf of Cansultant; pren-►ises owned, leased or used by
Consultant; or a�Etomobiles owned, Ieased, hired or borrowed by Consultant.
The coverage shall contain na special limitations on the scope of protection
atforded to City, its elected officials, ofiicers, employees, agei�ts and
volunteers.
Consultin�and Professiona! Services Agreeinent Page 5
Rev.6/1 j
2. The insurance covera�e of Consultant shall be primary insurance as respects
City, its elected officials, officers, employees, agents and volunteers. Any
insurance or self-insurance maintained by City. its e(ected officials, officers,
enlployees, agents and volunteers, shall be in e�cess of Consultant's
insurance and shall not contribute with it.
3. Coverage shall state that the insurance of Consultant shall apply sepai•ately to
each insui•ed against whom claim is made or suit is brougllt, except ��ith
respect to the limits of the insurer's liability.
4. �aeh insurance policy required by this Contract shall be endorsed to state that
coverage shall not be canceled exeept after thirty (30) calendar days' prior
�vritten notice has been given to City. I�1 addition, Consultant a;rees that it
shall not recluce its coverage or limits on any sucl� policy except after thirty
(30) calendar days' prior written ilotice l�as been ��iven to City.
�. Iusurance is to be placed with insurers �vith a cun•ent A.M.Best's ratin� of no less
L�1�I1 1�-VII. y
F. Consultant shall desibnate the City of Redding as a Certiticate Holder oi' the
insurance. Consultant shail furnish City with cei•tificates of instirance and originl)
endorsements eftecting the coverabes required by this clause. Certilicates and
endorsements shall be fiirnishecl to: Risk Mana�ement Department, City of Redding,
77'7 Cypress Aventie, Redding, CA 96001. The certiticates and endorsements for
each insurance policy are to be signed by a person authorizecl by the insurer to bind
covera�;e on its behall�. All endorsements are to be received and approved by the
City's Risk Manlber prioi• to the commencement of contracted sei•vices. Cit}� may
withhold payments to Cansultant if adequate cei-titicates of� instirance and
eildorsen�ents required have not been providecl, or not been provided in a time�ly
n�aniler.
G. 1'he requirements as to the types and limits of insurance coverage to be maintained
by Consultant as required by Section 5 of this Contract, and any approval of said
insurance by City, are not intended to and will not in any manner limit or qualily the
liabilities a»d obligations otherwise assumed by Consultant pursuant to this Contr�ct,
including, without limitation, provisions concerning indemnitication.
I-I. Ifany policy ofinsurance required by this Section is a`'claims macle"policy,pursuant
to Code of Civil Procedure § 342 1nd Government Code S 945.6, Consultant shall
keep said insurance i�l ellect lor a period of eighteen(18 j ulonths after the te�•mination
of this Contract.
I, lf any damage, including death, personal injury oi� property dama;e, occurs in
connection with the performance of this Cantract, Consultant shall immediately
notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3)
calendar days after the event, Consuitant shall submit a written report to City's Risk
Consulting�nd Professional Services Agreement Pzge 6
Rev.G/15
Manager containinb the follov�ring information, as applicable: 1)name and address of
injured or deceased person(s); 2}nan�e and address of witnesses; 3)ziame and address
of Cansultant's insurance company; and 4) a detailed description of the damace and
whether any City property was involved.
SECTION 6. INll.EMNIFICATION ANA HOLD HARMLESS
A. Consistent with California Civil Code � 2�82.8, when the services to be provided
under this Contract are desi�n professional services to be performed by a design
professional, as that iei7n is de�_ined under Section 27$2.8, Consultant shall. to the
fullest extent petlnitted by law, inden�nify protect, defend and ho(d harmless, City_
its elected officials, officers,employees, and agents,and each and every one ofi thein,
fi�om a��d a��ainst all actions, damages, costs, liability, clairns, lasses, penalties and
expenses (including, but not limited to, reasonable attorney's fees of the City
Attorne}� or legal counsel retained by City, eYpert fees, liti�ation costs. and
investigatio��costs) of every t�pe and description to which any or all ol'them may be
subjected by reasot� oi; or resu.lting fronl, directly or indirectty, tl�e negli�ence.
recklessness, or wi111u1 misconduct of Consult�nt, its officers, emplo}�ees or agents
in the performance of professional services under this Contract, e,ccept when liability
arises due to the sole negligence, active negligence or misconduct of the City.
B. Other than in the per�forinance of professional services by a design professional,
which is addressed sotely by subdivision {A)of tl�is Section, and to the fiillest extent
permitted by law, Consultant shall indemnify pratect, defend and l�old hannless,
City, its elected officials, otticers, employees; and a�ents, anci each and every one of
them, from and against alI actions. dainages, costs, liability, claims, losses, �et�alties
and expenses (including, Utit not timited to, reasonable attorney's fees of the City
Attorrley or legal counse] retained by City, expert fees, litigatian costs, and
investigatio�i costs) of every type and description to which any or all of them may be
subjected by reason of the perfonnance of the services required under this Contract
by Consultant its officers, employees ar agettts in the performaiice of professional
services under this Contract, e�cept wlien liability arises due to the sole negligence,
active negliaence or misconduct of the City.
C. The Consultant's obligation ta defend, indemnify and hold harmless shall not be
excused because of ttze Const�ltant's inability to evaluate liability. Tlie Consultaiit
silall respond within thirty (30) calendar days to tlle tender of any claim for defense
and indemnity by the City, unless this tinie]Zas been extended in writing by the City.
If the Consultant fails to accept or reject a tender of defense and indemnity in�vr•iting
delivered to City within tl�irty (30) calendar• days, ii7 addition to any otlier remedy
authorized by law, the City may withhold such fiinds the City reasonably considers
necessary for its defense and indeinnity until disposition has been made of the claim
or uiitil the Consultant acce�ts or rejects the tender of defense in writing delivered to
the City, whichever occurs first. This subdivision shall not be construed to exeuse
the prompt and contintied performance of the duties required of Consultant herein.
Consultin�and Professional Services Agreement Page 7
Rev.G/l��
D. The obli�,�ation to indemnify, protect, defend, and hold harmless set foi-th in t11is
Section app(ies to a(1 claims and liability regardless of whether any insurance policies
are appiicable. The policy limits of said insurance policies do �iot act as a limitation
upon the amount of indemnification to be provided by Contractor.
E. City shall have the right to approve or disapprove the legal counsel retained by
Consultant pursuant to this Section to repa•esent City's interests. City sha(1 be
reimbursed for all costs and attorney's fees incurred by City in enforcing the
oblibations set forth in this Section.
SECTION 7. CONTRACT INT�RPRETATION, V�NUE AND ATTORN�Y FCES
A. This Contract shall be deemed to have been entered into in Redding, California. All
questions re�arding the validity, intei•pretation or perloc-mance of any of its terms or
of any ri�hts or obli�ations of the parties to this Contract shall be governed by
California law. If any claim, at law or other���ise, is n�ade by either party to this
Contrlct, the prevailing party shall be entitled to its costs and reasonable attorneys'
fees.
B. This document, including all exhibits, contains the entire agreeinent bettiveen the
parties and supersedes whatever oral or wi•itten uncierstandin�� each may have had
prior to the execution o}'this Contract. This Contract shall not be altered, amended
or modified except by a writing signed by City and Consultant. No verbal agreement
or conversation with any official, ofi�lcer, agent or employee of City, either before,
during or after the execution of this Contract, shall affect or modify any of the terms
or conditions contained in this Conh�act, nor shall any such verbal agreement or
conversation entitle Cansultant to any additional payment ���hatsoever under the
terms of this Contract.
C. No covenant or condition to be performed by Consultant under this Contract can be
waived except by the written consenY of City. Forbearance or indul��ence by City in
any regard whatsoevel• shall not constitute a waiver of the covenant or condition i�1
question. Until perfor.mance by Consultant of said covenant or condition is complete,
City shall be entitled to invoke any remedy availaUle to City under this Contract or
by law or in equity despite said forbearance or indulgence.
D. Ifany portion of this Contract or the application thereof to any person or circurnstance
shall be invalid or unenforceable to any extent, the remainder of this Contract sh�ll
not be affected thereby and sl�all be enforced to the greatest extent permitted by law.
E. The headings in this Contract are inserted for convenience only and shall not
constitute a part hereof. A waiver of any party of any provision or a breach of this
Contract must be provided iii w1•iting, and shall not be construed as a waiver of any
. other provision or any succeedin� breach of the same or any other provisions herein.
Consultinb and Professional Services Agreement Page 3
Rev.G/1�
F. Each Party hereto declares and represents that in ei�tering into this Contract, it has
relied and is relying solely upon its own judgrnent, belief and knowlectge of the
niture, extent, effect alzd consequence relating thereto. Each Party further declares
and represents that this Conh�aet is made without reliance upon an}l statement or
representatiot� not contained herein of any ather Pai•ty or any representative, acent or•
attorney af the other Party. The Parties agree that they are aware that they have the
right to be advised by counsel with respect to the ne�otiations, terms, and conditions
of this Contract and tlzat the decision of whether or not to seek the advice of counsel.
with respect to tlzis Cantract is a decision which is the sole responsibility oi'each of
the Parties. According(y, nc� parTy shall be deemed to have been the draf'ter hereof,
and the principle of law set forth in Civil Cade ,��' 1654 that contracts are construed
against the drafter shall not apply.
G. Each of the Par•ties hereto hereby irrevocably waives any and a[1 right to trial by jury
in any action, proceecling, claim c�r counteretaim, wl�ether in contract or tort, at law
or in ec�uity,arising out of or in any way related to this Agreement or the tra�lsactions
cot�templated hereby. Each Party further waives any ri;ht to consolidate any action
wliich a jury trial has been waived with any other actioi� in ��hrch a jury trial cannot
be or has not been waived.
H. In the event of a conflict between the terin and eonditions�f the body of tliis Contract
and those of any exhibit or attacllment hereto, the te�-�ns atid conditions set foi•th in
the body of this Contract proper shall prevail. In the event of a conflict between the
terms and conditions of any twa or more exhibits or attachments hereto, those
prepared by City shall prevail over those prepared by Consultai�t.
SECTI01118. SURVIVAL
The provisions set fot-th in Sections 3 tlu�ou;l� 7, inclusive, of this Contract shall survive
termination of the Contract.
SECTION 9. COMPLIANCE WITH LAVVS - I�ONDISCRTMTNATION
A. Cousuitant shall comply with 111 a�plicable laws, ordiz�ances and codes of federal,
state and local governments.
B. In the performance of this Contract, Cansultant shall not discriminate against any
employee or app(icant for employt7�ent because of race, color, ancestry, national
oi•igin, religious creed, sex, sexual arientation,disavility,abe,marital status, poiitical
affiliation, or membership or nonmembership in aizy organization. Consultant shall
take affirmative action to ensut-e applicants are employed and that employees are
treated during their employment without regard to their race,color,ancestry,national
origin, religious creed, sex, sexual ori.entation,disability,age,marital status, political
affiliation,or n�embersl�ip or nonmembership in any organization. Such actions shall
include, but not be limited to, th.e following: employinent, upgradin;, demotion or
Consulting and Professional Services Agreement p1�e 9
Rev.6/15
transfer, recruitment or recruitinent ad��ertisinb, layoff or tei-mination, rates of pay or
other forms of compensation and selection for traininb.
S�CTION 10. REPRESENTATIV�S
A. City's representative for this Col�tract is .iosh Watkins, email
js�,-at�ii�s��;cit.-oirc�ci��a��.car�; telephone number(530)224-6040. All of Consultailt's
questio�is pertaining to ihis Contract shall Ue refei7•ed to the above-nameci person, or
to the representative's designee.
B. Consultant's representative for this Contract is Michael Et�win, email
��3i�;l�ac:3 r-tjcaa.�:���� telephone number (925) 357-2676. All of City's questions
pertaining to this Contract shall be referred to the above-narned person.
C. The representatives set forth he.rein shall have authority to give all notices required
herein.
S�CTION 11. NOTICES
A. All notices, requests, demands and other cominunications hereunder shall be deemed
�iven only if in writing signed by an autho►�ized representative of the sender(may be
other than the re�resentatives referred to in Section 10) and delivered by facsimile,
with a hard copy mailed first class, postage prepaid; or when sent by a courier or an
express service cuaranteeinb overnight delivery to the receiving party, addressecl to
the respective pai-ties as follows:
To City: To Consultant:
Gity of Redding , TJC and Associates, Inc.
Joshua Watkins, Water Utility Manager Michael Erwin, P.E.
2005� Vikinb W�y, Building 3 P•O. Box 2059
Redding, CA 96003 rolsom, CA 95763
B. Either party may change its address for the purposes of this paragraph by civing
written notice of sucll change to the other party in the maiu�er provided in this Section.
C. Notice shall be deemed effective upon: 1)persoiial service;2)two calendar days ai'ter
mailing or transmission by facsimile, whichever is earlier.
SECTION 12. AUTHORITY TO CONTRACT
A. Each of the undersigned sicnatories hereby represents and warrants that they are
authorized to execute this Contract on behalf of the respective parties to this Contract;
that they have fiill right, power and lawfiil authority to underlal<e all obligations as
provided in this Contract; and tlZat the execution, performance and delivery of this
Contract by said signatories has been fully authorized by all requisite actions on the
pai�t of the respective parties to this Contract.
Consultin�a�d Professional Services Agceement Page 10
Rev.6/1�
B, Whcai tlie Mayoa• is sigilator�� tc� this Gontt�act, the City Managei• and/or the
Department Directoi•l�av°rng di�-ect t-esponsibility for a�zanabin�,the services�r�ovided
hea;eiii sltall have authoz�ity ta'execute any amendl��enf to thls +�onti•act wllieh daes
i�ot inci•ease tlie a1no�:int of' cornpeg�sation allowable to ConsuItant or otherwzse
sul�stantially chailge tl�e scope c�f the services pr•o�Tided 1lerein.
S�CTION 13. DATE(3F C�NT �'T
Tlle date of this Cantr-act sllall bc tl��clate it is si�ned by City.
Il�t WITN�SS WHFRE(�F,City aP��i Consultant have e�eeate�i this Cont�•�ct t�a�the d�ys and year
set fa��th below.
CITY C►F REDDING,
A Munici�ai Corporation
I�ated; ,2023
By; BARRY TIP.PIN, City Manager
ATT]CST; APFROVE.D AS TO FC?RM.
BARRY�. DeWALT
+City Attorn�y
PAM�LA MIZIC, Ciiy Cle'�k I�y:
C4NSULTANT
TJC and Associates, Inc.
Dtated: ,2023
B3'° Tere e J. Cavanagh, S.E.
Senior Vice President
Ta� ID No.. 68'-0403282
Coi�sultii�g and Prafessional Services t1g�-eemeilt page ]1
Re�r.6/f>
EXHIBIT A
:=�=m
.}���.
,s;�,.�.
�����{� ���� �.: I. Scope of Work
� �� '
Task 1. Maintenance of Tag Naming Standard
.msH' �4v�a,'
The original version of the Tag Naming Standard was developed in early 20Z0
based on discussions with City staff. As we develop control descriptions and
additional P&IDs, visit existing facilities, and review existing documentation,
T]CAA wili continually update the Tag Naming Standard so that it remains
applicable to the entire water treatment and distribution system.
Delive�ables
• Revisions as necessary to the Tag Naming Standard document.
• The latest version will be continually available For download, in both pdf
and MS-Word formats, at TJCAA's project SharePoint site.
Task 2. Maintenance of Treatment and Distribution P&ID Drawings
The preliminary P&IDs were developed in Z020. TJCAA will maintain the P&ID
drawings for the City's WTP and distribution Facilities based on the ongoing work
to document those facilities.
Deliverables
• Updated Process and Instrumentation Diagrams in both pdf and AutoCAD
format.
• The latest versions will be continually available for download at TJCAA's
project SharePoint site.
Task 3. Foothill WTP Control Descriptions
TJCAA will use the PLC prograrns, HMI displays, and P&ID drawings to develop
control descriptions For the Foothill WTP processes. The document Format will be
similar to that used for the Buckeye WTP and will utilize the equipment tagging
and loop numbering scheme defined in the Tag Naming Standard.
Deliverables
• Foothiil WTP Control Descriptions in MS-Word format.
Task 4. Distribution Facility Control Descriptions
TJCAA will use the PLC programs, HMI displays, and P&ID drawings to develop
control descriptions for City's distribution facilities including pump stations,
reservoirs, and PRV sites. The document format will be similar to that used for the
Buckeye WTP and will utilize the equipment tagging and loop numbering scheme
defined in the Tag Naming Standard.
123026 Task Proposal
06/29/23
Page 2 of 5
:��-
".�"� : :x:�-; DeliverabJes
�� �`� � '
��,� ��� � ",� • Distributian Facility Control Descriptions in MS-Word formak, induding:
�.� ;'�' ��;;`; c Pump Houses 1, 3, 4, and S
� Enterprise Reservoirs
o Buckeye Reservoir
o Foothill Reservoir
Task 5. Ignition Temptates for Treatment and Distribution Facilities
TJCAA personnel will develop a library of Ignition User-Defined Data Types (UDl"s)
and associated graphics templates for use in developing projects for the City's
remote distributian facilities. 7he UDTs wilf be designed to integrate with
corresponding Rockweli Studio5000 UDTs for monitoring processes, alarming, and
equipment process control. The Ignition templates will use the naming and
structure developed and documented in the City's Tag Naming Standard.
Deliverables
• Ignition project that includes UDTs and graphic templates.
Task 6. P�C Program Development
TJCAA personnel will develop a library of User-Defined Data Types (UDTs) that
match the Ignition UDTs developed in Task 5 and create custom Add-on
Instructions (AOIs} for use in the PLC programs for the City's treatment and
remote distribution facilities. The UDTs and AOIs wil! be designed in Rockwell's
Studio5000 software. The UDTs and AOIs wiil use the naming and structure
developed and documented in the City's Tag Naming Standard.
Deliverabtes
• Studio5000 UDTs and AOIs
Task 7. Electricai and Schemafic Drawings
T)CAA engineers will review existing facility drawings and work with City electrica(
maintenance staff to develop as-built electrical drawings and schematic diagrams
for the City's water treatment and disCribution facilities, Electrical drawings wi�f
include the folfowing:
• Single Line Diagrams
• Switchboard Elevation Drawings
• Motor Controi Center Elevation Drawings
• Motor Starter Schematic Drawings
The specific facilities that are to be inciuded in this scope are to be determined
based on priorities of the City's maintenance staff. For the purpose of budgeting,
we have assumed that we will provide a drawing set for one of the water
treatment plants, or two of the City's remote distribution facilities.
This task will include two site visits to field investigate existing facilities and
determine layouts and interconnections.
123026 Task Proposat
06/29/23
Page 3 of 5
� ya
7 ;
Deliverables
• Electrical and Schematic Drawings in both pdf and AutoCAD format.
e� .
� ��-�,���,�; • The latest versions will be continually available for download at TJCAA's
project SharePoint site.
Task 8. Other As-Needed Engineering and Pragramming
T]CAA personnel will perform other engineering and programming services as
directed by city staff.
Detiverables
• To Be Determined.
II. Assumptions
The Scope of Work detailed above is based on TJCAA's current understanding of
the project requirements and is based on the following assumptions.
1. General
• Copies of record drawings of khe facilities will be provided to TJCAA
for reference.
• Design fees quoted assume that the design portion of the project
will commence in 2023 and be completed in 2025.
• Drawings will be provided in TJCAA's standard farmat, developed
using AutoCAD.
• Drawings will be provided to City in electronic format for
publishing and distribution by City. Printing costs are not
included i� this proposal.
2. Items that are t��+�'included within the Scope of Work
• On-site attendance at project progress meetings. We have assumed
that all project meetings will be done over internet-based
conference call applications, such as MS-Teams.
• As-Built drawings will �ot be stamped and signed.
III. Schedule
TJCAA will coordinate the project deliverables schedule with the City before the
beginning of each task. TJCAA has assumed that:
• Design work begins in July 20Z3 and is completed in June 2025
IV. Consultant's Compensation
Based on the above understanding, scope, assumptions, and our conversations
and e-mails with the City, we propose to provide engineering services on a time
1230Z6 Task Proposal
06/29/23
Page 4 of 5
�
��
� ��, _
_ ��` � � and materials basis with the following upper limits,
�� k ����1
��
������;�
-"� Task 1 - Ta Namin Standard
TJCAA Sub-Totai � 2 000
Task 2 - P&ID Drawin s
TJCAA Sub-Total 3 5 000
Task 3 - Faothil/Control Descri tions
T7CAA Sub-Total i 30 000
Task 4 - Distrrbution Contrai
Descri fions
T]CAA Sub-Total � 30 000
Task 5 - I nition Tem lates
TJCAA Sub-Total � 28 000
Task 6 - PLC Pro rat»min
TJCAA Sub-Total -� 25 d00
Task 7- Etec�rica/Schematics
T7CAA Sub-Tatal � 25 000
Task 8 - Other As-Needed Services
T7CAA Sub-Total � 10 000
TJCAA Total �1� 155 000
Unless otherwise noted within this Scope of Work, dollars may be shifted from one
task ar sub-task without written notification from the City.
Fee estimates are based on our current rate schedule with 3% escalation each
calendar year. T]CAA will invoice services on a monthiy basis.
T]CAA looks forward to working with the City and your team on this project.
Please feel free to call me at (925) 357-2676 shouid you have any questians or
require any additional information.
Sincerely,
Michael ). Erwin, P.E. - E14767
Principal
T]C and Associates, Inc.
file: 123026 - 1.02
123026 Task Proposal
O6/29/23
Page S of 5
'„F Schedule of Hourly Rates and Cosfis - 2023
T7C and Associafies, Inc.
.. . ;
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Labor
Engineer CAD
Level 20 (E20) $335.00 / hour �evel 10 (C10) $195.00 / hour
Level 19 (E19) $323.00 / hour � �evel 9 (C9) $182.00 / hour
Level 18 (E18) $310.0a / hour Level 8 (C8) $171.00 / hour
Level 17 (E17) $298.00 / hour Level 7 (C7) $159.00 / hour
Level 16 (E16) $286.00 / hour Level 6 (C6) $146.00 / hour
Level 15 (E15) $274.00 / hour Level 5 (C5) $135.00 / hour
Level 14 (E14) $262.00 / hour Level 4 (C4) $12Z.00 / hour
Level 13 (E13) , $249.00 / hour Level 3 (C3) $110.00 / hour
Level 12 (E12) $237.00 / hour l.evel 2 (C2) $ 97.00 / hour
Level 11 (Eli) $224.00 / hour Level 1 (C1) $ 86.00 / hour
Level 10 (E10) $213.00 / hour
Level 9 (E9) $Z00.00 / haur Administrative
Level 8 (E8) $188.00 / hour l.evel 15 (A15) $158.OQ / hour
Level 7 (E7) $175.00 / hour Level 14 (A14) $147.00 / hour
Level 6 (E6) $163.00 / hour Level 13 (A13) $137.00 / hour
Level 5 (E5) $151.00 I hour Level 12 (Al2) $127.00 / hour
Level 4 (E4) $139.00 / hour Level 11 (A11) $117,00 / hour
�evel 3 (E3) $126.00 / hour Level 10 (A10) $107.00 / hour
Level 2 (E2) $114.00 / hour Level 9 (A9) $ 97.00 / hour
Level 1 (E1) $101.00 / hour Level 8 (A8) $ 86,00 / hour
Reimbursable Expenses
Auto Mileage Standard set by IRS
Outside Services Cost + 10%
Materials and Other Expenses Cost + 10%
Notes
1. All hourly rates and costs are subject to change without notice.
2, Schedule shall be subject to adjustments annually to refiect current staff salaries and escalation.
CITY OF REDDING
CONSULTING AND PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT is made at Redding, California, by and between the City of Redding("City'),
a municipal cotporation, and TJC' and Associates, Inc. ("Consultant") for the putpose of Water
System Net��-ork Implementation Project.
WHEREAS, City does not have sufticient personnel ta perform the services required herein
thereby necessitatiilg tl����r������#or personal services.
f
��' � � ;r
NOW, THERF�"���, tlle Pait��� r�ovenant and agree, for good consideration hereby
acknowledged ���llows:
�
SECTION 1 ���� CONSULTANT���RVICES
��
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Sub�ec� ����he terms and conditions set forth in this Contract, Consultant shall provide to
City the s������de���h,ed in Fxl�l�����attached and iilcorparated hereiil. Consultant shall
provide the���������;��te ti������������n the manner specified in Exhibit A.
. , ,�
SECTION 2. COMPEN�,t��°�ON AND R���VIBURSEMENT OF COSTS
A. City shall pay Cons���;�nt for sei������nder�%�ursuant to this Contract, at the times
and in the manner se� ���(.k��i������it A ������d��d incorporated herein, in a total
ainount not to excccd (�`i��r>����'ed Niz�����'�"�vo"�'���and Dollars ($192,000). This
sum includes all out-oi=pocket trav���t���ging and i�t��dental expenses incurred by
C�onsultant that are reasonably a��t���t�ed with the ����ision of services under this
Gontract. The payments spe����������ein shall be ���,�inly ���ments to be made to
� Consultant for services rend�`r�pur�t��t to thi�������"ract
�r.;�t�` , ,:
B. Consultant shall submit monthly invoices�o �ity far wc���,�oinpleted to the date of
the invoice. All invoices shall be itemized to reflect tk����inplove���t���t�rming the
requested tasks, the billing rate for each employee anc��� h�t�,����'���d.
s , .,.,
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C. All correct,complete and undisputed in�oi�����r������i�"sultant to City shall be paid
within thirty (30) calendar days of receipt. � ' .
SECTION 3. TERM AND TERMINATION
A. Consultant shall commence work on or about July 31, 2023. and complete said work
no later than December 31, 2025. Time is of the essence.
B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant
fails to fiilfill in a timely and professional man.ner its obligations under this Contract, �
�
Consulting and Professional Services Agreement Page 1 op
Rev. 6/15 (,J
B. Pursuant to the City's business license ordinance, Consultant shall obtain a City
business license prior to commencing work.
C. Consultant represents and warrants to City that it has all licenses, permits,
qualitications and approvals of any nature whatsoever that 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 te�rin of this Contract any license�s, perinits and approvals that are legally
required for Consultant to practice its profession.
D. Consultan� ������ ���ing the entire term of this Contract, be construed to be an
indep��t���� �t�������s�nd nothing in this Contract is intended, nor shall it be
con����'�`'��to create ar�h��I�ployer/employee relationship, association, joint ventt�re
re��,���iship,trust or part�����ip or to allow City to exercise discretion or control over
t���rofession�al n�annei� i��hich Consultant performs under this Contract. Any and
��� '�axes imposed on C���altant's income, imposed or assessed by reason of this
�`��tract or its perfornzane�, including but not liinited to sales or use�taxes, shall be
'�� k�v Gonsultant. Consultant shall be res onsible for an taxes or enalties
1'��� P Y P
ass����bv rea��� of any c�����that Consultant is an employee of City. Consultant
shall rs��;�r��������tor������'�����x City's worke�rs' compensation insurance plan,
�, ,�,b, � �
benetits unc�er the P�,������mploye���tirement System or be eligible for any othe�r
City benefit � �
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E. No provision of thi���ntract is in�,������i to,o�-��all be far the benefit of,or construed
to create rights in, o����t tei������o ai1�������� or entity not a party hereto.
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F. No portion of the �vork or ser�icessr� �e perform�� �nder this Contract shall be
assigned, transferred, conveyed o� ��,��ontracted wi���ut the prior written approval
of City. Consultant may :��� �� services ��'� ��depet��eizt contractors and
subcontractors to perfoi•m a, ��ion�� its obli ������ und��'��iis Contract with the
prior written approval of�`���s''�[ndep'�����������'�tors a��'�ubcontractors shall be�
provided with a copy of this Contract anc� �t�risultant sh���'�ave an aft�rmative duty
to assure that said independent contractors and subcont�����rs coin��,�'����the same
and agree to be bound by its terms. Consultant shall ���he ���������'le party with
respeet to all actions of�its independent contrac-tor� �� ������i�tr�ctors, and shall
obtain such insurance and indemn�t �� � �'� �
y ,� t�u������' ����in1 its contractors and
subcontractors as Gity's Risk Manager shal���������(^1�i�e to be necessary.
G. Consultant, at such tiines and in such form as City may require, shall furnish Citv
with such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Contract, the costs or obligations incurred or to be
incurred in connection therewith, and any other matters covered by this Contract.
H. Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Contract and such other records as may be deemed necessary by City to assure proper
Consulting and Professional Services Agreement Paee 3
Rev. 6/l i v
B. Coverage shall be at least as broad as:
1. Insurance Services Oftice form number CG-0001, Commercial General
Liability Insurance, in an amount not less than$1,000,000 per occurrence and
$2,000.000 general aggregate for bodily injury, personal injury and property
damage;
2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive
Automobile L,iability Insurance, which provides for total ]imits of not less
th������'��,�QO combined single limits per accident applicable to all o�med,
/ ����z����� ����ared vehicles;
� �� �' �
3 �Statutory Worker�"�ompensation required by the Labor Code of the State of
�, : � California and �,r����yers' Liability Insurance in an amount not less than
, _ $1,000,000 per ���urrence. Both the Workers' Compensation and
� � Employers'Liabilit}��policies shall contain the instu�er's waiver of stibrogation
,
in favor of City, its elected ofticials, ofticers, employees, agents and
�olunte���� �
� , � , �
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4. Pio�`ess�onal ,������ity (Eir��� ;and Omissions) Insurailee, appropriate to
Consultant ����i'fession agai���,loss due to error or omission or malpractice
in an amou�����ot less than $����b,000.
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�. The City do�� ��t ac���� ���uran�� �����lcates or endorsements with the
wording "but on��������vent c��������`����red's sole negligence" or any
other verbiabe limiting�the in�t�`�� s�insuran���'�sponsibility.
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C. Any deductibles or self-insuiec���������i�s must be ck����red t���nd approved by City.
At the option of the C�ity,eith��'�';�e i���rer shall������or el���nate�such deductibles
or self-insured retentions 4���respe��� ���� `�`��;'����its e�����d officials, ofticers.
einployees, agents and vo�lunteers; or`''�i�"'�Consult�� shall procure a bond
guaranteeing payinent of losses and related investigat�ot��,��laims a������ation and
defense expenses. 'S
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D. The General Liability shall contain or �'� e������� '�o contain the following
,� , � �
provisions: ,,,.,;, �>��"����
1. City, its elected officials, officers, employees, and agents are to be covered as
additional insured as respects liability arising out of work or operations
performed by or on behalf of Consultant; premises owned, leased or used by
Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection
afforded to City, its elected officials, oflicers, employees, agents and
volunteers.
Consulting and Professional Services Agreement Page�
Rev. 6/1�
Manager containing the following information, as applicable: 1) name and address of
injured or deceased person(s);2)name and address of witnesses; 3)name and address
of Consultant's insurance company; and 4) a detailed description of the damage and
whether any City property was involved.
SECTION 6. 1NDEMNIFICATION ANU HOLD HARMLESS
A. Consistent with California Civil Code $ 2782.8, when the services to be provided
under this Contract are design professional services to be performed by a design
professional, as that term is delined under Section 2782.8. Consultant shall, to lhe
fullest ext��� �������d by law, indemnify protect, defend and hold harmless, City,
its ele�������i'�l� t����1��s, employees, and agents, and each and every one of them,
tror����� against all ac`�����s damages, costs, Liability, claiins, losses, penalties and
e�����es (including, bu� ���t Iimited to, reasonable attorney's fees of the City
���ney or legal coun���'iretained by Gity, e�pert fees, liti�ation costs, and
i���stigation costs) of�eu����type and descripfion to which any or all of them may be
s����cted by re�ason ot; o�� resulting from, directly or indirectly, the negligence,
ie����ssness, or willful misconduct of Consultant, its otficers. employees or agents
m t�����-��rma��,of prote��a�t�l services under this Gontract, except when liability
arises ����������'���e n��������� ���,��e negligence or miscoizduet of the�City.
�.� � ,.�,
B. Other than in the ���i�rmance ot ���ssional services by a design professional,
which is addressed���ly by subdiv����'(A) of ti�is Section, and to the fullest extent
i� r�
permittied by law ���sultant sh�� ��idemu��,protecti, defend and hold harmless,
City, its elected oft�c���� �#,ti���� ��i�iploye����� ��ents, and each and every one of
them, fcom and against����,��,���`;daina�����t�t�sts;����ility, claims, losses, penalties
and expenses (including, but not ltr����"to, reason���� attorney's fees of the City
Attorney or legal counsel r-etai��� ,�iy City. eap��,����fees, liti�ation costs, and
investigation costs) of every tv���,���escription tc�����ch a�;�or all of them may be
subjected by reason of the�'����na��� ot the s������s req�����i under this Contract
by Consultant its officei s �'�`�ployees���`����"���,�`���the p���`��rnance of professional
services under this Coutract, except when ��r��i��ity arise�����to the sole negligence;
active negligence or misconduct of the City.
,�,� t
C. The Consultant's obligation to defend, indemnify ��� ����, ��rin�less shall not be
excused because of the Consultant's inab����� �� ���������'�'iab�ility. The Consultant
shall respond within thirty (30) calendar da�}�����t�r��°��tender of any cLaiin for defense
and indemnity by the CitS�, unless this time has been extended in writing by the City.
If the� Consultant fails to accept or reject a tender of defense and indemnity in writing
delivered to City witl�in thirty (30) calendar days, ii� addition to any other rei7ledy
authorized by law, the City may withhold such fiinds the City reasonably considers
necessary for its defense and indemnity until dispositian has been made of the claim
or until the Consultant accepts or rejects the tender of defense in writing delivered to
the City, whichever occurs first. This subdivision shall not be construed to excuse
the prompt alzd continued performance of the duties required of Consultant herein.
Consulting and Professional Services Agreement Page 7
Rev. 6i 15
F. Each Party hereto declares and represents that in entering into this Contract, it has
relied and is relying solely upon its own judgment, belief and knowledge of the
nature, extent, effect and consequence relating thereto. Each Party further declares
and represents that this Contract is made without reliance upon any statement or
representation not contained herein of any other Party or any representative, a��ent or
attorney of the other Partv. T'he Parties agree that they are aware that they have the
ri�ht to be advised by counsel with respect to the negotiations, terms, and conditions
of this Contract and that the decision of whether or not to seek the advice of counsel
with respect to this Contract is a decision which is the sole responsibility of each of
the Parties. Accordiugly. no partv shall be deemed to have been the drafter hereof,
and the pr����t��� ���aw set ,forth in Civil Gode � 1654 that contracts are coilstrued
against�����t�����'�������ot app(y.
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G. E�����the Parties here�t���reby irrevocably waives any and all right to tria( by jury
i� �`�� action, proceedin����aim or counterclaim, whether in contr•act or tort, at law
G����i equity,arising out c�����°�n any way related to this Agreement or the uansactions
�����emplated hei-eby. Eac� Party further waives any right to consolidate any action
������i a jury trial has been waived with any othe.r action in which a jury trial cannot
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be ����� not be��� waived
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H. [n the everit`�ot a�con�,�����'tween th�t��m and conditions of the body of this Contract
and those of any e��;��i�t or attachm���hereto, the ternls and conditions set forth in
the body o,f this Cc���'�ct proper sha����sevail. In the event of a conflict be�tween the
terms and condiCid�,� of any twc� ���'�illore ���zibits or attachments hereto, those
prepared by City sh������va�l����'��ose �����,��� �v Consultant.
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SECTION 8. SURVIVAL '���
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The provisions set forth iiz Sections��%����gh 7, mclus���� �it thz�,Contract shall survive
� �
termination of the Contract. � ��� � �'
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SECTION 9. COMPLIANCE WITH LAWS `f�C�NDISCRI���iATION
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A. Consultant shall comply with all applicable laws, orc����ne�� ����;��es of federal,
state and local governments. t
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B. In the performance of this C�ntract, Cons'i����������iall not cliscriniinate abainst any
employee or applicant for employment because of race, color, ancestry, national
origin, religious creed, sex, sexual orientation, disability,age,marital status, political
affiliation, or membership or nonmembership in any organization. Consultant shall
take affirmative action to ensure applicants are employed and that employees are
treated during their employment without regard to their race, color, ancestry, national
origin, religious creed. sex, sexual orientation,disabil_ity,age,marital status, political
aftiliation,or membership or nonmembership in any organization. Such actions s11a11
include, but not be limited to, the following: employment, upgradiilg, demotion or
Consulting and Professional Services Agreement Page 9
Rev. 6/l� �
B. When the Mayor is si�natory to this Contract, the City Manager and/or the
Department Director having direct responsibility for managin� the services provided
herein shall have authority to execute any amendment to this Contract which does
not increase the amotint of compensation allowable to Consultant or otherwise
substantially change the scope of the services provided herein.
SECTION 13. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.
IN WITNESS WI�������'�1�����Consultant have executed this Contract on the days and year
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set forth below
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CITY OF REDDING,
� ' ,� A MuniciPal Corporation
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Dated: J���..,� 2023 } ,
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� , � t f' , By: BAR , ity Manager
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ATTEST: � ,;} }�PPROVED AS TO FORM:
� ' � �� B����`��, DeWALT
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�SHARLENE TIPTON, CITY CLERK .��'� �V � s��.���
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CONSULTAN�: '�� ,�
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TJC and Ass����es����� , ����� ��� ��
��7���
Dated: , 2023 � � ���' ��V �
B3�: T nce J. Cavanagh, S.E.
nior Vice President
Tax ID No.• 68-0403282
Consulting and Professional Services Agreement Page 1 I
Rev. 6;l�
=;a�;
�` �' �' � • The following deliverables are intended from the design and upfront
�� &� �,: � engineering efforts and will be documented in an infrastructure plan used
�V � „Q�,���N to drive the subsequent configuration, simulation, and implementation
M.._WK_..�,..,..... _ activities.
o Infrastructure Design TM
o Equipment registry
o Ftecommended data flow policies
0 5ite network diagrams for primary locations
o Recommended deployment plan for new SCADA infrastructure,
including a work breakdown structure (WBS)
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Task 1.3 ` ����ulatior� �'����ng Assistance
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Followi����nfiguration and �5�1�r, to implementation, TJCAA/JEGO wili assist the
City inY���ting up a bench tes���vironment sufficient to simulate the new network
in a ����tolled environment pr����to deploying devices in accordance with the
phas��� plan. The networks a�t� �ievices are set up in a test bench environment,
confi ���d per the engineering��lan, and validated for the intended functionality
and ���#�ity objectives. Any changes to the engineering plan are evaluated during
this ph��� and incorporated into the plan.
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Task 2. Treatment���iht Core N+���arork Equipment Upgrades
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Task 2.1. Foothill l��/Hill 900 i , '
TJCAA/JEGO will assist ���� staff with ����`���uratio��'�f the core network equipment
at Foothill WTP and Hili ��� The cor��r���rvork���L(��ment to be configured
consists of the two FortiGa��'���"������,the F�������1�,��rer 3 ethernet switches,
and the Cisco Catalysti 4000 s��t���r�outers�s����i`own on ���ign Drawings N_5 and
N_11. Configuration assistance will indud�=, " ,1
• Coordination with City staff tQ t����tnine approprl��� firewall configuration
to meet the City's cybersec����,� ���#� �s j,
• Configuration of the�OT ��#�s�1�1Z ����!valis ;�' � � �
• Configuration of the inte������ed sen���;���������``�accorn��late the current
and future LAN and WAN connections
• Configuration of the core network switch�es to accomr��t��te the cu�r��t
and future LAN and WAN connections.
• Training of City staff on the use of the network ma����r'r,���'���are to
manage, monitor and maintain the core r��twork c���������.`�
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Task 2.2. Buckeye WTP
TJCAA/JEGO will assist City staff with configuration of the core network equipment
at Buckeye W7P. 7he core network equipment to be configured consists of the two
FortiGate Firewalls, the FortiSwitch Layer 3 ethernet switches, and the Cisco
Catalyst 4000 series routers, as shown on design drawing N_6. Configuration
assistance will include:
• Coordination with City staff to determine appropriate firewall configuration
to meet the City's cybersecurity plan.
• Configuration of the OT and DMZ firewalls,
• Configuration of the integrated services router to accommodate the current
and future LAN and WAN connections.
119148C Proposal R2
06/Z9;23
Page 3 of 7
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� ����"�- �' II. Assumptions
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� �`s The Scope of Work detailed abave is based on TJCAA's current understanding of
~ the project requirements and is based on the following assumptions.
1. General
• Fe2s quoted assume that the implementation portion of the project
will commence in FY23/24 and be compleked in FY24/25.
• Project deliverables will be delivered in electronic format. Printing
ac�� ���}��hing are nat included. All documents will be delivered in
,������`4��#�ative format (M5-Word, etc.).
��� �roject mee�'�`��will be held virtually, using Microsofit Teams.
} `•} Work will be p����med primarily at T]CAA's Concord office.
``� • JEGD Systems ���� be induded on the T]CAA design team as a
f subconsultant ,
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� Items th�t are �i��inctuded within the Scope of Work
14 t .
• ��������� mst������� Cf�����rk hardware and interconnecting �
cables. ' �' "'��� �'
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• Hard cop�+����f printed and ' ��lished materials. All deliverables will
be in ele����ni� fiormat, vi� "��"��AA's SharePoint site.
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• Contro! s}���n softwar�� ��ADA, ���S�LC programming.
�
• Additionai ot��������a���s and�����#���*���ations.
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IYI. Additional Services ' ;
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No "Additional Services" are antia�������;this time St�{����! "Adc�t���nal Services"
be identified, TJCAA will perForrt�t�i�'�� "A����ionai S�������'' onl����'nutuaily
agreed to in writing by the Gty`����TJCAA'' ��
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Moreover, T]CAA does not anticipate any involvemen�t and/or���5�port for
Environmental Documentation filing activities. These activrti���ave not f��� ��.
included within the Scope of Work detailed here or the De�����ee q�#���� '��""'�
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119148CProposal R2
06/29/23
Page 5 of 7
��� Schedule of Hourly Rates and Costs - 2023
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�� ��� ��:.�. T7C and Associates, Inc.
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Labor
Engineer CAD
Level 20 (Ez0) $335.00 / hour Level 10 (C10) $195.00 / hour
Levei 19 (E19) ���� �� � #�,our Level 9 (C9) $182.00 / hour
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Level 18 (E18� ' �'�310.�00 / �j��� � Level 8 (C8) $171.00 / hour
Level 17 (E].�t� ,t $298.00 / ho�� Level 7 (C7) $159.00 / hour
Level 16 (����'�� $286.00 / ho�� � Level 6 (C6) $146.00 / hour
Level 15 (���� $274,00 / h6��;>>��� Level 5 (C5) $135.00 / hour
Level 14 (E����,, $262.00 / hour Level 4 (C4) $122.00 / hour ,
Level 13 (E1�� s $249 QQ / hour Level 3 (C3) $110.0� / hour
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Level 12 (E12) ;}���� �`t3 / f���`G� �' �� �� Levei 2 (C2) $ 97.00 / hour
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Level 11 (E11) $224,00 � ��"ur � � � Level 1 (C1) $ 86.0�0 / hour
73 �
Level 10 (E10) $213.00 � �our
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Level 9 (E9) $200.00 � hour �, Ad�inistrative
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Level 8 (E8) $188.00 � ����- � � �,���� �,5 (A15) $158.00 / hour
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Level 7 (E7) $175.00 / h�o����� ���~��'����� � ��Level����.� �A14) $147.00 / hour
Level 6 (E6) $163.00 / hour Level 1�,��13) $137.00 / hour
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Level 5 (E5) $151.00 / hour �', , Level ],���112) $127.00 / hour
Level4 E4
( ) $139.00 / hour� � �r Lev,�'��,�''(A11� �� $117.00 / hour
_
Leve� 3 (E3) $126.00 / hour ;� � �„����'10 (A1C�� ,.���� $107.00 / hour
Level 2 (E2) $114.00 / hour i Level 9 (A9�; $ 97„f�� / hour
Level 1 (E1) $101.00 / hour Level 8 (A� ��� ��
� � ���7�7 / hour
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Reimbursable Expe����� �� �'�'�� �
Auto Mileage Standard set by IRS
Outside Services Cost + 10%
Materials and Other Expenses Cost + 10%
Notes
1. All hourly rates and costs are subject to change without notice.
2. Schedule shall be subject to adjustments annually to reflect current staff salaries and escalation.