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HomeMy WebLinkAboutResolution - 2014-R0100 - Agreement - Wunderlich-Malec Systems Inc.- Programing, Solids Handling Project - 03_27_2014Resolution No. 2014-RO100 March 27, 2014 Item No. 5.5 RESOLUTION !BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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, Professional Services Agreement for plogramming the Southeast Water Reclamation Plant Solids Handing Improvements Project, by and between the City of Lubbock and Wunderlich-Malec Systems, Inc. of Addison, Texas, 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 ATTEST: PJ&5�- )K: Rebe ca Garza, City Secr APPROVED AS TO CONTENT: March 27, 2014 GLEN�OBEfTISON, MAYOR V< 4 J I R. Keith Smith, P.E., Director of Public Works APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw: ccdom, RES. PSA-W underlich February 26, 2014 Resolution No. 2014-RO100 PROFESSIONAL SERVICES CONTRACT STATE OF TEXAS § COUNTY OF LUBBOCK § This contract, (the "Contract" or "Agreement"), effective as of the 13thday of March, 2014 (the "Effective Date"), is by and between the City of Lubbock, (the "CITY"), a Texas home rule municipal corporation, and Wunderlich-Malec Systems, Inc., ("ENGINEER") a Minnesota professional corporation authorized to conduct business in Texas. WITNESSETH WHEREAS, the CITY desires to obtain professional engineering services related to "RTU and SCADA Programming for the Southeast Water Reclamation Plant Solids Handling Improvements Project" (the "Activities"); and WHEREAS, 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 CITY and ENGINEER to be a fair and reasonable price; and WHEREAS, the CITY desires to contract with ENGINEER to provide professional engineering 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 Contract, the CITY and ENGINEER hereby agree as follows: ARTICLE I. TERM The term of this Contract commences on the Effective Date and continues without interruption for a term of 1200 days, as set forth in Exhibit "A", attached here to and made a part of this Agreement for all purposes. If the Engineer determines that additional time is required to complete the Services, the City Manager, or his designee, may execute an agreement to grant up to an additional six (6) months of time so long as the amount of the consideration does not increase. An amendment to this agreement resulting in any increase in the amount of the consideration must be approved by the City acting through its governing body. ARTICLE II. SERVICES AND COMPENSATION Page 1 of 9 A. ENGINEER shall conduct all activities and within such timeframes as set forth on Exhibit "A", attached hereto (the "Services"). B. ENGINEER shall receive as consideration to be paid for the performance of the Services set forth in Basic Services Tasks 1 through 12 based on hourly and unit rates, not to exceed $481,062 per Exhibit "B". ARTICLE Ill. TERMINATION A. General. CITY may terminate this Contract, for any reason or convenience, upon thirty (30) days written notice to ENGINEER. In the event this Agreement is so terminated, the CITY shall only pay ENGINEER for services actually performed by ENGINEER up to the date ENGINEER is deemed to have received notice of termination as provided herein. B. Termination and Remedies. In the event ENGINEER breaches any term and/or provision of this Contract the CITY shall be entitled to exercise any right or remedy available to it by this Contract, at law or equity, including without limitation, termination of this Contract and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. ARTICLE IV. NON -ARBITRATION The CITY 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 document, the former shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES A. Existence. 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. ENGINEER has the corporate power to enter into and perform this Contract and all other activities contemplated hereby. C. Authorization. Execution, delivery, and performance of this Contract and the activities contemplated hereby have been duly and validly authorized by all the requisite corporate action on the part of ENGINEER. This Contract constitutes legal, valid, and binding obligations of the ENGINEER and is enforceable in accordance with the terms thereof. Page 2 of 9 pC`xk D. Engineer. ENGINEER maintains a professional staff and employs, as needed, other qualified specialists experienced in providing the Services, and are familiar with all laws, rules, and regulations, both state and federal, including, without limitation the applicable laws, regarding the activities contemplated hereby. E. Performance. ENGINEER will and shall conduct all activities contemplated by this Contract in accordance with the standard of care, skill and diligence normally provided by a professional person in performance of similar professional engineering services, and comply with all applicable laws, rules, and regulations, both state and federal, relating to professional engineering services, as contemplated hereby. F. Use of Copyrighted Material. ENGINEER warrants that any materials provided by ENGINEER for use by CITY pursuant to this Contract 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 or ordinance relating to the use or reproduction of materials. ENGINEER shall be solely responsible for ensuring that any materials provided by ENGINEER pursuant to this Contract satisfy this requirement and ENGINEER agrees to indemnify and hold CITY harmless from all liability or loss caused to CITY or by to which CITY is exposed on account of ENGINEER's failure to perform this duty. ARTICLE VI. SCOPE OF WORK ENGINEER shall accomplish the following: Professional Engineering Services related to RTU and SCADA Programming for Southeast Water Reclamation Plant Solids Handling Improvements Project as defined in Exhibit "A," "Scope of Services ARTICLE VII. INDEPENDENT CONTRACTOR STATUS ENGINEER and CITY agree that ENGINEER shall perform the duties under this Contract as an independent contractor and shall be considered as independent contractor under this Agreement and/or in its activities hereunder for all purposes. 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, ENGINEER and ENGINEER's employees and/or subconsultants, 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 9 5 A.N , ARTICLE VIII. INSURANCE ENGINEER shall procure and carry, at its sole cost and expense through the life of this Agreement and for a period of at least five years following the termination or expiration of this Agreement, insurance protection as hereinafter specified, in form and substance satisfactory to 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. ENGINEER shall obtain and maintain in full force and effect during the term of this Agreement, and shall cause each approved subcontractor or subconsultant of 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: Combined Single Limit: $1,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence ENGINEER shall further cause any approved subcontractor or subconsultant to procure and carry, during the term of this Agreement, Professional Liability coverage, as specified above for ENGINEER, protecting CITY against direct losses caused by the professional negligence of the approved subcontractor or subconsultant. The CITY shall be listed as a primary additional insured with respect to the Automobile Liability and Commercial General Liability and shall be granted a waiver of subrogation under those policies. ENGINEER shall provide a Certificate of Insurance to the CITY as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. The additional insured endorsement shall include Products and Completed Operations. ENGINEER shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, 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 Page 4of9 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 of Lubbock. If at any time during the life of the Agreement or any extension hereof, ENGINEER fails to maintain the required insurance in full force and effect, ENGINEER shall be in breach hereof and all work under the Agreement shall be discontinued immediately. ARTICLE IX. EMPLOYMENT OF AGENTS/RETAINING OF CONSULTANTS ENGINEER may employ or retain consultants, contractors, or third parties (any of which are referred to herein as "Subconsultant"), to perform certain duties of ENGINEER, as set forth on Exhibit "A", attached hereto, under this Contract, provided that CITY approves the retaining of Subconsultants. ENGINEER is at all times responsible to CITY to perform the Services as provided in this Agreement and ENGINEER is in no event relieved of any obligation under this Contract upon retainage of any approved Subconsultant. Any agent and/or Subconsultant retained and/or employed by ENGINEER shall be required to carry, for the protection and benefit of the CITY and ENGINEER and naming said third parties as additional insureds, insurance as described above in this Contract. ARTICLE X. CONFIDENTIALITY 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. ARTICLE XI. INDEMNITY Having considered the potential liabilities that may exist during the performance of the Services, the benefits of the Project, and the ENGINEER's fee for the Services, and in consideration of the promises contained in this Agreement, ENGINEER agrees to provide the indemnities set forth herein. ENGINEER SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND EXPENSES, AND INCLUDING REASONABLE ATTORNEY'S FEES, TO THE EXTENT CAUSED BY THE ENGINEER'S NEGLIGENT ACTS, ERRORS, OR OMISSIONS FOR WHICH THE ENGINEER IS FOUND TO BE LEGALLY LIABLE. THE INDEMNITY PROVIDED HEREIN SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Page 5 of 9 ARTICLE XII. COMPLIANCE WITH APPLICABLE LAWS 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 Contract, and any amendments thereto. ARTICLE XIII. NOTICE A. General. Whenever notice from ENGINEER to CITY or CITY to ENGINEER is required or permitted by this Contract 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. ENGINEER's address and numbers for the purposes of notice are: Wunderlich-Malec Attn: Allen Steffler 4275 Kellway Circle, Suite 164 Addison, Texas 75001 Telephone: (469) 574-2500 Facsimile: (469) 730-2126 C. City's Address. CITY's address and numbers for the purposes of notice are: City of Lubbock Attn: Mary Gonzales Southeast Water Reclamation Plant 3603 Guava Ave Lubbock, Texas 79404 Telephone: (806) 775 — 3220 Facsimile: (806) 775 — 3246 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 Contract, 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 CITY shall furnish ENGINEER non -confidential studies, reports and other available data in the possession of the CITY pertinent to ENGINEER's Services, so long as CITY is entitled to rely on such Page 6 of 9 studies, reports and other data for the performance of ENGINEER's Services under this Contract (the "Provided Data"). 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 Contract are inserted in this Contract strictly for the parties' convenience in identifying the provisions to this Contract and shall not be given any effect in construing this Contract. B. Audit. 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, ENGINEER 's books and records with respect to this Contract between ENGINEER and CITY. C. Records. ENGINEER shall maintain records that are necessary to substantiate the services provided by ENGINEER. D. Assignability. ENGINEER may not assign this Contract without the prior written approval of the CITY. E. Successor and Assigns. This Contract binds and inures to the benefit of the CITY and ENGINEER, and in the case of CITY, its respective successors, legal representatives, and assigns, and in the case of ENGINEER, its permitted successors and assigns. F. Construction and Venue. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. THIS CONTRACT IS PERFORMABLE IN LUBBOCK COUNTY, TEXAS. THE PARTIES HERETO HEREBY IRREVOCABLY CONSENT TO THE 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 CONTRACT OR THE ACTIONS THAT ARE CONTEMPLATED HEREBY. G. Severability. If any provision of this Contract is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Contract 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 Contract shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Contract, and duly authorized and executed by ENGINEER and CITY. Page 7 of 9 I. Entire Agreement. This Contract, including Exhibits "A," attached hereto, contains the entire Contract between the CITY and 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 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 ENGINEER has been compensated as set forth in Article II, above. The ENGINEER shall make copies of any and all work products for its files. The City acknowledges that such work product is exclusively for the project and shall not be used on extensions of this project or on any other project without the express written consent or adaptation by ENGINEER. L. Notice of Waiver. A waiver by either CITY or ENGINEER of a breach of this Agreement must be in writing to be effective. In the event either party shall execute and deliver such waiver, such waiver shall not affect the waiving party'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 CITY and ENGINEER. N. Nonappropriation. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, 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 goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller 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 contract beyond the date of termination. EXECUTED as of the Effective Date hereof. CITY OF LUB Glen)Z'X6bertsoVMayor ATTEST: _,P Qef�,, Rebe Garza, City Secretary Page 8 of 9 APPROVED AS TO CONTENT: /2, Lz' �J� R. Keith Smith, P.E. Director of Public Works 11Z21'4d ��W Za'4�t - Mary Gonzales, astewater Superintendent APPRO D S TO F RM: Chad Weaver, Assistant City Attorney WUNDERLICH-MALEC SYSTEMS, INC. 440�—� By: _ 6-Ar-Adly Name: Allen Steffler Title: Business Unit Manager- Dallas Page 9 of 9 Exhibit A Scope of Services This Exhibit A is part of the Agreement between Wunderlich-Malec Systems, Inc. (WMS) (the "Engineer") and the City of Lubbock (the "City") for a Project generally described as: RTU and SCADA Programming for SEWRP Solids Handling Improvements Project The purpose of this Agreement is as follows: The scope of work contained herein is for engineering services related to the RTU and SCADA Programming for the Southeast Water Reclamation Plant Solids Handling Improvements. The Engineer agrees to furnish the CITY with the following specific services: INTRODUCTION Wunderlich-Malec Systems (WMS) is pleased to provide our proposal for the City of Lubbock South East Water Reclamation Plant Solids Handling Improvement project — System Programming. WMS will provide all RTU programming and SCADA HMI software configuration as specified in the programming, testing, and commissioning for the new and upgraded RTU/SCADA systems component for this project — as described in the Contract Documents (including addenda). The overall scope of work to be supplied is outlined in this document. The PCIS scope of work for the Solids Handling Improvement project is provided under a separate contract and is not included in this PROGRAMMING scope. BASIS FOR PROPOSAL This proposal is based on the following specification: • City of Lubbock Specification for South East Water Reclamation Plant Solids Handling Improvement Project • City of Lubbock Drawings Package (Vol 5 & 6, November 2013) for South East Water Reclamation Plant Solids Handling Improvement Project • City of Lubbock Specification for South East Water Reclamation Plant Solids Handling Improvement Project — Addendum #1 (November 25, 2013) • City of Lubbock Specification for South East Water Reclamation Plant Solids Handling Improvement Project —Addendum #2 (December 10, 2013) 0. ,X • City of Lubbock Specification for South East Water Reclamation Plant Solids Handling Improvement Project — Addendum #3 (January 8, 2014) SCOPE OF SERVICES & SUPPLY A. PROJECT MANAGEMENT & ENGINEERING/PROGRAMMING DESIGN This entire project spans three major areas of the plant and will take over 1000 calendar days to complete. Significant programming changes for new and existing RTUs and SCADA displays will occur, and require substantial coordination between all project contractors, plant operations, and plant maintenance personnel. WMS will provide project management and engineering/programming design services as required by the specifications and will include: • Coordination with other project personnel and attend coordination/sequencing meetings • Attend coordination/sequencing meetings as required in the specifications. (With prior Engineer/Owner approval WMS may have the RTU/SCADA programmer attend some of these meeting via conference call.) • Management of project schedule and attend progress meetings • Provide submittals for test procedures and test cases • Specific Sequencing meetings between the PCIS Contractor and WMS (PROGRAMMER), per those outlined in the specifications: o Preliminary meeting — meet before configuration work is to begin. o Intermediate Review meeting — when approximately one-half of the PCIS Contractor's systems interface submittals have been submitted. o Final Review meeting - when all of the PCIS Contractor's systems interface submittals have been submitted. o All other PCIS and Programming coordination meetings as required per the specifications. • Coordinate with PCIS, Electrical, and Mechanical Contractors for installation of Instrumentation, control cabinets and local control panels. • Coordination of Program loads, testing, and commissioning — to align with Mechanical, Electrical, and PCIS Contractors roll -out of the various project systems. • Support for FAT, Commissioning and Startup There will be several key Programming Coordination meetings to ensure that the implementation of the controls programming is aligned with the delivered controls hardware and the specified operational sequences are met. Coordination meetings for graphical display standards and data reporting will be held with the OWNER's representatives to ensure the delivered graphics and data reports meet the specifications. bS d B. REVIEW OF PCIS CONTRACTOR SUBMITTALS As the project PROGRAMMER it is imperative that WMS be fully aware of the controls hardware and architecture being delivered by the PCIS contractor. WMS has accounted for the effort to review key PCIS submittals for coordination of the PROGRAMMING effort. The PCIS Contractor must make these submittals and other pertinent controls documentation/information available to WMS in a timely manner. Besides the drawings and submittals provided for the new systems by the PCIS Contractor, they shall also provide to WMS their documented interface with, modifications to, upgrade, or replacement of existing circuits, power systems, controls, and equipment. It is critical that WMS have this information to fully understand necessary RTU and SCADA program modifications. C. REVIEW OF SCADA DISPLAYS The OWNER has existing standards for their SCADA graphics. WMS will produce new or modified SCADA screens per these standards, but will also periodically review the implemented graphics with the OWNER's key operators to ensure they are meeting the operational needs. These displays will not be formally submitted to the Engineer for review, but will be demonstrated and tested at the FAT. D. RTU PROGRAMMING WMS will program the various RTU controllers per Control Strategies specified in the project documents. The following is a list RTUs requiring programming and integration with the overlying SCADA system: • RTU-4 • RTU-6A • RTU-6B • RTU-IA (Alternate2) • RTU-12 • RTU-2 • RTU-8 Recent RTU applications at the plant have been implemented following Best -Practices configuration, logic layout, and code documentation. This assists in the ease of application readability and understanding by plant maintenance personnel, or other programmers charged with trouble -shooting or modifying the program in the future. WMS will utilize these same Best -Practices in the new RTU programming, utilizing the Telepace programming software and ladder diagram language. The new RTU controllers will be Control Microsystems (Schneider) SCADAPack 32. There will be some hardwired and data transfer (via some communications protocol such as Modbus TCP/IP) between the newly implemented SCADAPack RTUs and PLCs provided on OEMNendor equipment. Some program modifications will be necessary when existing equipment is demolished or taken out of service. WMS as the PROGRAMMER will make the necessary RTU program modifications for both loops directly and indirectly affected. E. SCADA PROGRAMMING WMS will configure and program the SCADA (ICONICS) system per Control Strategies specified in the project documents. New screens will be developed to allow for the operator control and monitoring of the new RTUs integrated into the plant controls. WMS will produce new or modified SCADA screens per existing plant SCADA standards. The following is a list of the primary SCADA configuration and programming tasks to be executed by WMS through the course of the project: • Data tag definition • Configuration of 1/0 Server (each New and Edited RTU program) • New screen development • Existing screen modifications • Report Development • Trend Configuration Some program modifications will be necessary when existing equipment is demolished or taken out of service. WMS as the PROGRAMMER will make the necessary SCADA program modifications for both loops directly and indirectly affected. F. FAT TESTING After the PCIS Contractor has procured the primary controls equipment (RTUs, power supplies, communications bridges switches, etc) they will ship these items to the WMS Addison Texas office. WMS will stage the controls equipment and configure a "Development & Test Bed" to include RTU programming terminal, SCADA operator PC, and test Simulation PC for the testing. After WMS has completed the programming and initial testing of the controls equipment it will be sent back to the PCIS Contractor. The PCIS Contractor will be responsible to package and ship the panels from the WMS office in Addison Texas, back to the PCIS fabrication location for the actual FAT. Prior to the PreFAT/FAT WMS will submit to the Engineer for approval the Test Procedures and Test Cases to be used for this testing. Once the panels are received and the FAT test bed is setup at the PCIS Contractor's location, WMS will execute the PreFAT, which will utilize the same FAT test documentation. This PreFAT is executed, and recorded to demonstrate to the Engineer that the panels, RTU programming, and SCADA programming are developed and pre -tested to the point for a successful FAT. After the PreFAT is completed and reviewed by the Engineer, WMS will coordinate with the Engineer and Owner representatives to schedule the witnessing of the FAT. The FAT will typically run for 3 to 5 work days to execute. �!;V The FAT will demonstrate the logical control in the RTU (thru simulation), appropriate display and response from the SCADA interface screens. Upon completion of the FAT the Engineer and Owner representative will sign -off on the FAT testing documents. If there are Action Items resulting from the testing a formal list of those items will be created and should jointly be reviewed and agreed upon by the OWNER, ENGINEER and WMS PROGRAMMER at the conclusion of the testing. This Action item list should be signed by all those who review and agree to it. It is WMS's intent that all control panels will be FAT tested at the same session, and the base pricing in this proposal accounts for only one session. It is understood that the project sequence may dictate that more than one FAT session may occur. In Exhibit B a cost per week of Engineering FAT support and travel is included. An estimate is made that two additional FAT sessions may be needed to account for those costs. G. SYSTEM IMPLEMENTATION, TESTING & COMMISSIONING (DECOMMISSIONING) At the completion of the panel and controls equipment installation WMS will provide field engineers to assist the PCIS contractor to test the data integration to the SCADA. Testing will be documented and Test Acceptance sheets will be signed off by both the Owner's representative and the WMS Engineer indicating all testing was completed. WMS will perform all work to test, program, and place into operation RTU and SCADA systems including application software for a complete, integrated and functional PCIS system. WMS has included time to modify existing code when decommissioning parts of the plant during the installation phase to keep the plant operational. As the PROGRAMMER, WMS will not be required to be on -site, nor be required to supply application software, until the loop validation tests are complete for a RTU and all prerequisites for the Pre -commissioning tests are completed. All communications between control units on the overall control network shall be verified by the PCIS Contractor prior to the testing. TRAINING WMS will provide training sessions for management, operations and maintenance staff on the software provided by WMS on this project. Training should be provided on the RTU process control and SCADA interface as the milestone system commissioning occurs. Training for any temporary controls logic/displays implemented in support of the project sequencing will be performed as over - the -shoulder demonstration to key operations personnel. No formal training will be provided for temporary systems. H. AS -BUILT DOCUMENTATION As milestone systems are commissioned WMS will provide software as -built documentation for record. This documentation, and electronic copies of the commissioned applications, can be used for training, maintenance, and future updates to the RTU and SCADA systems. A format for this documentation will be presented to the Engineer for approval prior to the first set provided. The number of copies and electronic media Disks will set by the specifications. CLARIFICATIONS 1. The SCADA programming software to be used is currently licensed to the OWNER and no additional software purchase is necessary to complete the PROGRAMMER's scope of work. 2. Necessary patches or fixes the SCADA software will be implemented by the PROGRAMMER during the course of this project. 3. The RTU development software to be used is currently licensed to the OWNER and no additional software purchase is necessary to complete the PROGRAMMER's scope of work. 4. Software simulation for the demonstration of the SCADA screens and RTU controls algorithms will be utilized for the FAT. 5. WMS expects that that PCIS Contractor will ship all RTU, Network equipment, and Computers (with Software) to our Addison Texas office within 175 calendar days after their receipt of Notice to Proceed. 6. The PCIS Contractor shall provide all key/primary cables needed for the interconnectivity of all units needed for the FAT. 7. WMS expects that the PCIS Contractor, who is designing and fabricating the RTU panels, will support the correction of any wiring issues discovered with these panels during or after the execution of the PreFAT and FAT testing. 8. It is WMS's intent that all control panels will be FAT tested at the same session. Multiple FAT sessions are accounted for as separate line items in Exhibit B budget. For pricing purposes up to three separate FAT sessions were considered. 9. If FAT session is deemed unsuccessful due to the programming not being sufficiently completed, WMS will be responsible for the costs associated with the re -execution of the FAT. 10. As -built software documentation for the RTUs and SCADA system will be provided as the milestone system commissioning occurs. 11. Training on the RTU process control and SCADA interface will be provided as the milestone system commissioning occurs. 12. There is an existing remote connection to both the SCADA application and Ethernet capable SCADAPack RTUs. During the course of this project there may be times were WMS is able to support programming configuration or modifications utilizing this remote connection. 13. The owner will provide a Tax certificate for purchased equipment. 14. WMS will not be required to be on -site, nor be required to supply application software, until the loop validation tests are complete for a RTU and all prerequisites for the Pre - commissioning tests are completed. 15. It is expected that once on -site testing and startup activities begin, that WMS will have full and continuous access to all instrumentation, equipment, and facilities to allow for complete and thorough execution of these activities without delay by others. pV EXCLUSIONS 1. The supply and installation of any instruments, controls hardware, panels, network hardware, or any other equipment or systems specified to be provided by the PCIS contractor. Not in the PROGRAMMERS scope of work. 2. Installation and termination of data, instrumentation, control and power cabling will be by others. 3. As part of the PROGRAMMERS scope NO control system and field device spares are provided. 4. The programming of RTUs, PLCs, HMIs, OITs, or other controls systems supplied as part of a vendors packaged equipment. 5. Travel expenses to attend FAT at our Addison Texas facility for the ENGINEER and OWNER representatives is covered by others. 6. Fees for storage trailers or on -site facilities are excluded. Storage to be provided by the contractor for WMS equipment. 7. Testing or startup efforts for equipment or systems provided for by others are excluded. If an OEM or Vendor provides a self contained control system (typically called out in the drawings as a VCP) WMS will program the integrated I/O points with that unit, but the unit controls are by that OEM or Vendor. Therefore the testing and startup of those unit controls is not WMS responsibility. 8. The physical removal/demolition of existing Controls Panels, Computers, Servers, network hardware, and related equipment excluded. 9. Performance, payment or equipment bonds of any kind are excluded. 10. Sales or use taxes are not included in the proposal WARRANTY This scope of work covers RTU and SCADA programming only, and not the supply of any equipment or instruments. WMS warrants all programming for the term of 1 year from commissioning of such code. This covers program functionality that was tested thru the course of the commissioning process. The OWNER can extend programming coverage thru Service Support Agreement with WMS. ADDITIONAL SERVICES If additional services are requested or required over and above the work to be performed in the Scope of Services & Supply listed above or outlined in the project Specifications, the work will be performed on a time and materials basis at the billing rates per hour provided on WMS published rate sheet for the various job positions that will perform the actual work. Every attempt will be made to arrive at an estimated cost for the additional work before the work takes place, but that may not always be possible due to time restraints and the complexity of the additional work. Ab�+� PAYMENT TERMS WMS will perform these services described above on a "Not to Exceed Unit Price" based on our documented hourly and unit rates. Invoices will be issued on a monthly progress payment basis, and according to an agreed upon Schedule of Values. Payment is net 30 days from date of invoice. Please direct payments on invoices to: Accounts Payable Wunderlich-Malec Systems 5501 Feld Rd Minnetonka, MN 55343 Exhibit B This Exhibit B is part of the Agreement, between Wunderlich-Malec Systems, Inc. (WMS) (the "Engineer") and the City of Lubbock (the "City") for the Project generally described as: RTU and SCADA Programming for SEWRP Solids Handling Improvements Project 1. Budget Amount by Scope Item Task: BUDGET Task No. Task Name Budget Amount 'IT.: ',p `S '• .1 �y 1f/ f,r -4 F9 1`" y h 3 S '3x ~? [[ 4 .,aj� is t.• s, q'n .lffi.{}?+- ...__ f+^T T�}' 1. 12. Project Management $63,429.00 Review of PCIS Contractor Submittal $13,311.00 3. Review of SCADA Displays $6,725.00 4. RTU Programming $92,218.46 5. SCADA Programming $82,053.62 6. FAT Testing $36,984.00 7. FAT Testing (Extended -Additional 2 Sessions) $19,674.00 8. System Implementation, Testing, Commissioning $92,118.92 9. Training $12,000.00 10. As -Built Documentation $9,600.00 11. Bid Alternate #2 - Headworks Odor Control Systems Modifications $30,620.00 12. ICONICS SupportWorX - Site Maint Plan (3 yrs) $22,328.00 TOTAL SERVICES (NOT TO EXCEED) 'y-•.gYp�r 1!J"e 7t 'q.! .F �''! id '�,�.•�; i; Y yY ;r> i}���'f` i"y rF �4r � d,. xtt ni { ' .*, e� $481,062 2. Terms of Payment Payments to the Engineer will be made as follows: A. The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. PO y\A B. The Engineer shall issue monthly invoices for all work performed under this Agreement. Invoices are due and payable within 30 days of approved receipt. C. In the event of disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. D. If the City fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, Engineer may, after giving 7 days' written notice to City, suspend services under this Agreement until paid in full, including interest. In the event of suspension of services, the Engineer shall have no liability to City for delays or damages caused by the City because of such suspension of services. 3. Direct Expenses (Reimbursable) A. Engineer's Reimbursable Expenses, when part of the basis of compensation, are those costs incurred on or directly for the City's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone, printing, binding and reproduction changes; all reimbursable costs associated with outside consultants, subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement for Reimbursable Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Engineer. Engineer and subcontractor direct (reimbursable) expenses will be billed at a cost plus a 10 percent surcharge. B. Engineer will be paid on an hourly rate basis, as shown in Item No. 5. Engineer and subcontractor direct (reimbursable) expenses will be billed at cost plus a 10 percent surcharge. C. The Engineer shall keep records on the basis of generally accepted accounting practices of cost and expenses and such records shall be available for Inspection by Owner during normal business hours. 4. Not to Exceed Compensation A. The Engineer will perform the services described in Exhibit A at "Not to Exceed" total compensation amount of $481,062 unless the Agreement is amended otherwise by the City Council. The final compensation for the major tasks can be over or under the estimated budget amount per task, as shown in No. 1 above as long as the total "Not to Exceed" amounts are not surpassed. Budget can be transferred between tasks upon approval of City of Lubbock Owner's Representative. 0 �a 4' 5. Rate Schedule: Hourly Labor Staff Description Staff Code Billing Rate/ hr Principal / Technical Advisor P1 $175 Engineer 10 E10 $155 9 E9 $145 -Engineer En ineer 8 E8 $135 Engineer 7 E7 $125 Engineer 6 E6 $115 5 E5 $110 -Engineer Engineer 4 E4 $100 Engineer 3 E3 $85 2 E2 $75 -Engineer 1 E1 $65 -Engineer 5 D5 $75 -Designer Designer 4 D4 $65 -Designer 3 D3 $55 2 D2 $45 -Designer Designer 1 D1 $35 Administrative/Purchasing A2 $50 Administrative/Clerical Al $25 The above fee schedule shall remain in effect for the duration of the project.