Loading...
HomeMy WebLinkAboutResolution - 2021-R0117 - Contract 15670 with Wunderlich Malec 4.13.2021Resolution No. 2021-R0117 Item No. 7.15 April 13, 2021 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CPfY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Professional Service Contract No. 15670 to perform support services for the Southeast Water Reclamation Plant and to program and install an updated Supervisory Control and Data Acquisition system, by and between the City of Lubbock and Wunderlich-Malec, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 13 2021 DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Secret ry APPROVED AS TO CONTENT: Jesica cEac ern, Assistant City Manager APPROVED AS TO FORM: Amy , i s, Deputy ttorney RESTS Contract-Wunderlich-Malec (3-16-21) Resolution No. 2021-R0117 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 15670 is entered into this 13th day of April , 2021, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Wunderlich-Malec, (the" Engineer"), a Texas corporation. WITNESSETH WHEREAS, The City desires to contract with the Engineer to provide Support Services to the Southeast Water Reclamation Plant (SEWRP), (the "Services") and to program and install an updated Supervisory Control and Data Acquisition (SCADA) system to match and sync with the system at North West Water Reclamation Plant (NWWRP), (the "Activities"); and WHEREAS, the parties enter into this agreement in accordance with Local Government Code (LGC) § 252.022 (7) (A); and WHEREAS, the Engineer has a professional staff experienced and is qualified to provide professional engineering services related to Activities, and will provide the services, as defined below, for the price provided herein, said price stipulated by the City and the Engineer to be a fair and reasonable price; and WHEREAS, the City desires to contract with the Engineer to provide professional services related to the Activities, and Engineer desires to provide the Services related to same. NOW THEREFORE, for and in consideration of the terms, covenants and conditions set forth in this Agreement, the City and the Engineer hereby agree as follows: ARTICLE I. TERM The term of this Agreement commences on the Effective Date and continues without interruption for a term of six (6) months. If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities, may, but is not obligated to, in his or her discretion, execute an agreement to grant up to an additional two (2) months of time so long as the amount of the consideration does not increase. An amendment to this Agreement resulting in an increase in the amount of the consideration must be approved by the City acting through its governing body. Page 1 of 11 ARTICLE II. SERVICES AND COMPENSATION A. The Engineer shall conduct all activities, and within such timeframes, as set forth on Exhibit "Al', attached hereto (the "Services"). Engineer shall receive as consideration to be paid for the performance of the Services, an amount not to exceed $234,895.00 ARTICLE III. TERMINATION A. General. The City may terminate this Agreement, for any reason or convenience, upon thirty (30) days written notice to the Engineer. In the event this Agreement is so terminated, the City shall only pay the Engineer for services actually performed by the Engineer up to the date the Engineer is deemed to have received notice of termination, as provided herein. B. Termination and Remedies. In the event the Engineer breaches any term and/or provision of this Agreement, the City shall be entitled to exercise any right or remedy available to it by this Agreement, at law, equity, or otherwise, including without limitation, termination of this Agreement and assertion of an action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any right or remedy and all rights and remedies shall be cumulative. ARTICLE IV. NON - ARBITRATION Each Party reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. The Engineer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas and is qualified to carry on its business in the State of Texas. B. Corporate Power. The Engineer has the corporate power to enter into and perform this Agreement and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Agreement and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the Page 2 of 11 part of the Engineer. This Agreement constitutes legal, valid, and binding obligations of the Engineer and is enforceable in accordance with the terms thereof. D. Engineer. The Engineer maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and is familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the Activities contemplated hereby. E. Performance. The Engineer will and shall conduct all activities contemplated by this Agreement in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional services, as contemplated hereby. F. Use of Copyrighted Material. The Engineer warrants that any materials provided by the Engineer for use by City pursuant to this Agreement shall not contain any proprietary material owned by any other party that is protected under the Copyright Act or any other law, statute, rule, order, regulation, ordinance or contractual obligation relating to the use or reproduction of materials. The Engineer shall be solely responsible for ensuring that any materials provided by the Engineer pursuant to this Agreement satisfy this requirement and the Engineer agrees to indemnify and hold City harmless from all liability or loss caused to City or to which City is exposed on account of the Engineer's failure to perform this duty. Notwithstanding the foregoing, City agrees that software and hardware provided as part of the Services may be subject to an end user license agreement. ARTICLE VI. SCOPE OF WORK The Engineer shall accomplish the following: Professional Services related to the Services, as provided in Exhibit "A", attached hereto and made a part hereof. ARTICLE VII. INDEPENDENT CONTRACTOR STATUS The Engineer and the City agree that the Engineer shall perform the duties under this Agreement as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. The Engineer has the sole discretion to determine the manner in which the Services are to be performed. During the performance of the Services under this Agreement, the Engineer and the Engineer's employees and/or sub -consultants, will not be considered, for any purpose, employees or agents of the City within the meaning or the application of any federal, state or local law or regulation, including without limitation, laws, rules or regulations regarding or related to unemployment insurance, old age benefits, workers compensation, labor, personal injury or taxes of any kind. Page 3 of 11 ARTICLE VM. INSURANCE The Engineer shall procure and carry, at its sole cost and expense through the life of this Agreement, except as otherwise provided herein, insurance protection as hereinafter specified, in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the state of Texas, covering all aspects and risks of loss of all operations in connection with this Agreement, including without limitation, the indemnity obligations set forth herein. The Engineer shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or sub -consultant of the Engineer to obtain and maintain in full force and effect during the term of this Agreement, commercial general liability, professional liability and automobile liability coverage for non -owned and hired vehicles with insurance carriers admitted to do business in the state of Texas. The insurance companies must carry a Best's Rating of A-VII or better. Except for Professional Liability, the policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $2,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Worker's Compensation Per Occurrence Single Limit: $500,000 The Engineer shall further cause any approved subcontractor or sub -consultant to procure and carry, during the term of this Agreement, the insurance coverage required of Engineer herein, including without limitation, Professional- Liability coverage, protecting the City against losses caused by the professional negligence of the approved subcontractor or sub -consultant. The City shall be listed as a primary and noncontributory additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. The Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. Page 4 of 11 The Certificate shall provide 30 day's notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy shall be included in the Certificate. The Engineer shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, the Engineer shall maintain said coverage throughout the term of this Agreement and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Engineer maintains said coverage. The Engineer may maintain Occupational Accident and Disability Insurance in lieu of Worker's Compensation. In either event, the policy must be endorsed to include a waiver of subrogation in favor of the City. If at any time during the life of the Agreement or any extension hereof, the Engineer fails to maintain the required insurance in full force and effect, the Engineer shall be in breach hereof and all work under the Agreement shall be discontinued immediately. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at the Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Agreement and the discovery period (possibly through tail coverage) shall be no less than 1.0 years after the completion of the Services provided for in this Agreement. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS The Engineer may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Sub -consultant"), to perform certain duties of Engineer under this Agreement, provided that the City approves the retaining of Sub -consultants. The Engineer is at all times responsible to the City to perform the Services as provided in this Agreement and the Engineer is in no event relieved of any obligation under this Agreement upon retainage of any approved Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by the Engineer shall be required by the Engineer to carry, for the protection and benefit of the City and the Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by the Engineer in this Agreement. The Engineer represents that such services are either under applicable value thresholds or are otherwise exempt from notice and/or bid requirements under Texas Law. ARTICLE X. CONFIDENTIALITY The Engineer shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. Page 5 of 11 ARTICLE XI. INDEMNITY THE ENGINEER SHALL INDEMNIFY AND SAVE HARMLESS THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF THE ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS AGREEMENT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY. THE INDEMNITY OBLIGATION PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS The Engineer shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Agreement, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from the Engineer to the City or the City to the Engineer is required or permitted by this Agreement and no other method of notice is provided, such notice shall be given by (1) actual delivery of the written notice to the other party by hand (in which case such notice shall be effective upon delivery); (2) facsimile (in which case such notice shall be effective upon delivery); or (3) by depositing the written notice in the United States mail, properly addressed to the other party at the address provided in this article, registered or certified mail, return receipt requested, in which case such notice shall be effective on the third business day after such notice is so deposited. B. Engineer's Address. The Engineer's address and numbers for the purposes of notice are: Wunderlich-Malec Engineering, Inc. and its Affiliates ATTN: Neal Wunderlich, President 6101 Blue Circle Drive Eden Prairie, MN 55343 Cc by email to: legal@wmeng.com Page 6 of 11 With copy to: Allen Steffler 4275 Kellway Circle, Suite 164 Addison, Texas 75001 Telephone: (469) 574-2500 Email: allen.steffler@wmeng.com C. City's Address. The City's address and numbers for the purposes of notice are: Mary Gonzales City of Lubbock P.O. Box 2000 3603 Guava Avenue Lubbock, Texas 79457 Telephone: 806-775-3229 D. Change of Address. Either party may change its address or numbers for purposes of notice by giving written notice to the other party as provided herein, referring specifically to this Agreement, and setting forth such new address or numbers. The address or numbers shall become effective on the 15th day after such notice is effective. ARTICLE XIV. CITY -PROVIDED DATA AND RESPONSIBILITIES Provision of Data. The City shall furnish the Engineer non -confidential studies, reports and other available data in the possession of the City pertinent to the Engineer's Services, so long as the City is entitled to rely on such studies, reports and other data for the performance of the Engineer's Services under this Agreement (the "Provided Data"). The Engineer shall be entitled to use and rely, so long as such reliance is reasonable, upon all such Provided Data. ARTICLE XV. MISCELLANEOUS A. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. B. Audit. The Engineer shall provide access to its corporate books and records to the City. The City may audit, at its expense and during normal business hours, the Engineer's books and records with respect to this Agreement between the Engineer and the City. All information obtained in an audit will be treated as confidential information and shall not be disclosed. Page 7 of 11 C. Records. The Engineer shall maintain records that are necessary to substantiate the services provided by the Engineer. D. Assignability. The Engineer may not assign this Agreement without the prior written approval of the City. E. Successor and Assigns. This Agreement binds and inures to the benefit of the City and the Engineer, and in the case of the City, its respective successors, legal representatives, and assigns, and in the case of the Engineer, its permitted successors and assigns. F. Construction and Venue. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF COMPETENT JURISDICTION OF THE STATE OF TEXAS, COUNTY OF LUBBOCK, FOR THE PURPOSES OF ALL LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person. or circumstance, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. H. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly authorized and executed by the Engineer and the City. I. Entire Agreement. This Agreement, including Exhibits "A" through "B" attached hereto, contains the entire agreement between the City and the Engineer, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. J. No Joint Enterprise. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between the Engineer and the City. K. Documents Owned by City. Any and all documents, drawings and specifications prepared by Engineer as part of the Services hereunder, shall become the property of the City when the Engineer has Page 8 of 11 been compensated as set forth in Article II, above. The Engineer shall make copies of any and all work products for its files. L. Notice of Waiver. A waiver by either the City or the Engineer of a breach of this Agreement must be in writing and duly authorized to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving parry's rights with respect to any other or subsequent breach. M. Third Party Activities. Nothing in this Agreement shall be construed to provide any rights or benefits whatsoever to any party other than the City and the Engineer. N. Non -Appropriation. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Engineer on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the Non -Appropriation Date. O. Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. P. No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. Q. Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Contractor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or Page 9 of 11 possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. R. Mutual Waiver of Consequential Damages. Notwithstanding any other provisions of this Agreement, in no event shall either Party be liable to the other Party for special, indirect, or consequential damages, including but not limited to loss of equipment or facility, loss of opportunity, lost profits, or any other such damage whatsoever. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 10 of 11 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK ATTEST: Reb ca Garza, City Secre ar APPROVED AS TO CONTENT: Aubrey Spear, Dir ctor ater Utilities APPROVED AS TO FORM: S Amy Sims City Attorney ��Jv DANIEL M. POPE, MAYOR Wunderlich-Malec Engineering, Inc. and its Affiliates Allen Steffler 4275 Kellway Circle, Suite 164 Addison, Texas 75001 Telephone: (469) 574-2500 Email: allen.stefflerQwmene.com By: 047--3 - A&-? _ ;ZeZl Allen Steffler Page 11 of 11 Exhibit A & B WJ3 Wunderlich- Malec Allen Steffler Wunderlich-Malec 4275 Kellway Circle, Suite 164 Addison, Texas 75001 February 01, 2021 Mr. Bill Boyd City of Lubbock - Reclamation Plants 3603 Guava Ave Lubbock, TX 79404 Subject: Proposal 4219068v4-SF - Lubbock SE SCADA Update Dear Bill: Wunderlich-Malec (WM) is pleased to submit our proposal for replacement of the SCADA system at the Southeast Reclamation Plant (SE). The current ICONICS Genesis 32 system, which was originally installed in 2004, has reached end of life. After evaluating the option of upgrading to the current ICONICS offering, it was determined the most cost efficient option would be to merge the Northwest and Southeast SCADA into one Wonderware SCADA application. This approach takes advantage of the investment the City has made in Wonderware at the new Northwest plant. In addition, it creates a consistent look and feel for operators across all Wastewater facilities. This integration will also provide easier viewing of both the SE and NW facilities from the two control rooms. Remote viewing of the operations will also be possible. WME implemented the initial SCADA system and provided key architecture components at the City of Lubbock water reclaim and treatment facilities, dating back to 2003. WME has also served contracts to provide technical support in the event of SCADA issues as a continuation of support services since the initial system install. These included extensions of the Stratus Server maintenance support. WM has continued to be the sole source provider for SCADA support at both the SE and now the NW facilities. Past projects at the reclaim facilities WM has completed are the controls for the Solids Handling Upgrade project, the PCIS scope of work for the new NW Water Reclamation facility, and the Digesters 8 and 9 Upgrades project. This long-term and extensive SCADA support we have provided means we have an unmatched level of understanding of both plants SCADA, Process Controls and the City Operations team. A. Scope of Work This upgrade will include the Engineering, Programming, Hardware, Software -licensing, Commissioning and Project -Management to make the transition from the legacy ICONICS Gen- 32 application to the 2017 Wonderware System Platform application. Below of are the primary phases and steps necessary to complete this conversion. EEO/Affirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wmena.com Arizona California Colorado Florida Georgia Illinois Maine Massachusetts Minnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virginia Wisconsin W*Wunderfich-Malec • Provide engineering services required to completely integrate the SE plant into the Wonderware Wastewater Galaxy (including migration of NW to OMI). • Develop and configure all objects and templates required to operate, maintain, and report on plant operations. • Purchase and install software and licensing for a complete and functional SE integration, including remote access for system users. • Purchase and install new monitors in the upstairs SE facility Control Room. • Purchase and install a new server/network rack and new network switches in the 1 st floor Server closet. The existing equipment is dated and WM will cleanup the installation for a professional presentation and easier serviceability. • Purchase and install new UPS's. One for each of the redundant Stratus Server power supplies. Another level of protection from brownouts impacting the operation of the SCADA application. • The following Hardware will be provided by WM as part of this proposal: o Hardware List: Qty - 1 (one) large display 50" Monitor. Mounted in SE Control Room for SCADA application viewing. Qty - 3 (three) display 27" Monitors. Mounted in SE Control Room for SCADA application viewing, operator #1. City - 3 (three) display 27" Monitors. Mounted in SE Control Room for SCADA application viewing, operator #2. City - 1 (one) free standing server rack. To be mounted in 1 st floor Server closet. Qty - 2 (two) 24-port network switches. To be mounted in 1 st floor Server closet. Qty - 2 (two) UPS units - one for each of the Stratus Server redundant power supplies. To be mounted in 1st floor Server closet. • The following Software will be provided by WM as part of this proposal: o Software List: Qty 3 (three) Wonderware Supervisory Clients Qty 5 (five) Windows Licensing - Remote Desktop • Configure the Wonderware historian and tags. Verify all key process parameters currently being collected/historized will continue with the new WW historian. • The new SE Wonderware screens will be brought on-line in parallel with the existing ICONICS screens, and fully tested prior to the decommissioning of the old [CONICS application. EEO/Affirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wmenc.com Arizona California Colorado Florida Georgia Illinois Maine Massachusetts Minnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virginia Wisconsin W3ftnderfich-Malec • Operator/Supervisor training on the new WW screens, historian viewing tools, security login, reporting, and other functionality. WM will request a City SE Facility Supervisor or Lead Operator take a role of "Point -Person" to ensure that all design questions are addressed in a timely manner. This person will work closely with WM Engineers to ensure the final delivered SCADA application has the appropriate graphical interfaces and functionality to best serve the City Operations group. This person will provide sign -off on the design and final application testing. B. Schedule and Milestones Upon receipt of the order a mutually agreed to schedule will be set. WM has estimated that this project will take approximately 6 months to complete. C. Clarifications The following clarifications are made for the delivery of the above mentioned scope of work. • WM will be converting the current ICONICS application to Wonderware System Platform v2017 - to integrate with the v2017 application implemented at the NW plant. • This proposal accounts for only replicating the current reports in Wonderware, and does not include new reports. • The WW application and 1/0 server will run on a VM on the new Stratus Server that was previously upgraded as part of a 2019 project. • The new WW Historian will be configured to collect/historize the same SE facility tags currently historized in [CONICS. • WM will have the existing ICONICS historian data archived for 1yr past the transition to the new WW historian. It is expected that this data should not have to be accessed after the transition because all required reports will have to be generated in hardcopy form prior to the transition. • The WW application templates design and configuration are heavily dependent upon the PLC/RTU & OEM Equipment Controllers logic and addressing structure. For this proposal WM has consider that little to no PLC/RTU programming will be performed as part to the SCADA upgrade. Facility control logic and functionality will remain as is. WM will not edit OEM Equipment Controllers logic. • The City will assign a City SE Facility Supervisor or Lead Operator take the role of "Project Point -Person" to ensure that all design questions are addressed in a timely manner. This person will also review and sign -off on the SCADA design and final acceptance testing. • Some work will be performed remotely, but will be coordinated with the designated City Project Point -Person. • Only the above mentioned software and hardware are included in this proposal. • Any applicable taxes are excluded. • All applicable shipping charges are excluded. EEOIAffirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wmeno.com Arizona California Colorado Florida Georgia Illinois Maine Massachusetts Minnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virginia Wisconsin WoWunderlich-Malec • WM's base work hours are M-F, 7am - 6pm, excluding US Federal Holidays • This proposal has accounted for on -site commissioning to be on a T&M basis. • For this proposal WM has accounted for 5 weeks of on -site direct commissioning efforts. D. Proposal Price We offer the above scope of work in accordance with the bid schedule here: Bid Item Summary Line Bid Item Description Total Price 1 Project Management Project Management 10,500.00 2 Engineering Services Engineering Services 145,200.00 3 Site Commissioning Site Commissioning 33,000.00 4 Software Licensing Software Licensing 14,850.00 5 Expenses Estimated Expenses 13,225.00 6 Hardware IT Hardware 18,120.00 Total $ 234,895.00 E. Pricing Notes WM is proposing to execute the outlined scope on a lump -sum basis for the base Engineering, software and hardware. The on -site commissioning effort would be on a Time& Material basis. If any additional scope of work is identified or requested during the project execution, WM will submit a Change Order Request (COR) with summary of additional scope/materials, project schedule impact and cost. This COR should be approved by the City prior to any of the additional scope being executed. For the sake of maintaining the project schedule it will be imperative that the COR approval process occur within 8 business days. 1. Materials required will be competitively bid and quoted upon completion of design, billed at Cost + 15%. Cost includes applicable tax, freight and handling charges and will be detailed on invoices. 2. Subcontractor services provided at Cost + 10% Normal business hours considered to be Monday thru Friday, excluding holidays, between 7am and 6pm, and serve as the basis for hours/effort quoted. Special consideration given for project effort requiring work outside of normal hours. The requirement for work outside of normal business hours must be stated in the request for services. Flexible scheduling is possible and encouraged. Over -time is defined as effort in excess of (40) hours per week or (8) hours per day, for all effort outside of straight -time hours without prior agreement. Overtime hours are charged at 1.5x Straight Time rate. Premium -time is defined as effort on Sundays and Holidays, Premium -time hours are charged at 2.Ox Straight Time rate. EEO/Affirmative Action Employer Dallas, TX Office: 4275 Kellway Circle, Suite 164 Addison, TX Phone: (469) 574-2500 www.wmena.com Arizona California Colorado Florida Georgia Illinois Maine Massachusetts Minnesota Missouri New Hampshire New Mexico New York North Carolina Ohio Oregon Tennessee Texas Virginia Wisconsin CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2021-729802 Date Filed: 03/23/2021 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Wunderlich-Malec Engineering, Inc. Addison, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract - 15670 Professional Service Agreement - SCADA Systems Configuration and Programming 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is ,q�l Sef'1 and my date of birth is My address is &6"V_ LcL ,Cl/_ %'/ SGo , TX, (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-729802 Wunderlich-Malec Engineering, Inc. Addison, TX United States Date Filed: 03/23/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 03/23/2021 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Contract - 15670 Professional Service Agreement - SCADA Systems Configuration and Programming 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a