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HomeMy WebLinkAboutResolution - 2017-R0149 - Signature Automation, LLC - 04/27/2017Resolution No.2017-R0149 Item No.6.11 April 27,2017 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,a Professional Service Contract No. 13230 by and between the City of Lubbock and Signature Automation,LLC, for professional Engineer services related to SCADA System Maintenance and Future Programming,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 27 _,2017. DANIEL M.POPE,MAYOR ATTEST: jiMse^e 4—^-4 Rebecca Garza,City Secretary APPROVED AS TO CONTENT: lin,P.E.,Director of Public Works APPROVED AS TO FORM: RES.PSContract-Nbr 13230-Signature Automation,LLC (4-10-17) Resolution No. 2017-RO 149 PROFESSIONAL SERVICES CONTRACT NO. 13230 STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement') Contract No. 13?'1() is entered into this 2jt1glay of April , 2017, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Signature Automation, (the "Engineer"), a Texas limited liability company authorized to conduct business in Texas. WITNESSETH WHEREAS, Engineer has a professional staff experienced and is qualified to provide professional Engineer services related to SCADA System Maintenance and Future Programming. (the "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 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 365 days, as set forth in Exhibit "A", attached to and made a part of this agreement for all purposes (the "Primary Term"). If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities, or his designee, may , but is not obligated to, in his or her discretion, 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 an increase in the amount of the consideration must be approved by the City acting through its governing body. The City may extend the term of this Contract, upon approval of ENGINEER, for two (2) successive twelve (12) months periods, upon the identical terms, provisions and conditions hereof, by Page 1 of 15 providing notice to ENGINEER, as providing in this Contract, at least fifteen (15) days prior to the expiration of the Primary Term of this Contract, or first option period, as applicable. ARTICLE II. SERVICES AND COMPENSATION 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 in an amount not to exceed $285,000, based on the hourly rates as set forth in Exhibit "B". ARTICLE III. 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, equity, or otherwise, including without limitation, termination of this Contract 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 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 Agreement, this provision shall control. ARTICLE V. REPRESENTATIONS AND WARRANTIES Page 2 of 15 A. Existence. Engineer is a limited liability company 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 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. D. Engineer. 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. 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 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. 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, ordinance or contractual obligation 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 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 Services related to the SCADA System Maintenance & Future Programming, as provided in Exhibit "A", "Scope of Services", attached hereto and made a part hereof. Page 3 of 15 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 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. ARTICLE VIII. INSURANCE 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 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 sub -consultant 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: Per Occurrence Single Limit: $1,000,000 General Aggregate Limit: $2,000,000 Professional Liability: Combined Single Limit: $1,000,000 Automobile Liability: Combined Single Limit for any auto: $1,000,000 Per Occurrence Employer's Liability: Per Occurrence Single Limit: $1,000,000 Page 4 of 15 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 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. Engineer shall provide a Certificate of Insurance to the City as evidence of coverage. 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. 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 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, 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. Notwithstanding anything contained herein to the contrary, the professional liability policy shall be maintained at Engineer's sole cost and expense. The retroactive date shall be no later than the commencement of the performance of this Contract and the discovery period (possibly through tail coverage) shall be no less than 10 years after the completion of the Services provided for in this Contract. The provisions of this Article VIII shall survive the termination or expiration of this Agreement. 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 "Sub -consultant"), to perform certain duties of Engineer, as set forth on Exhibit "A", attached hereto, under this Contract, provided that City approves the retaining of Sub -consultants. 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 Sub -consultant. Any agent and/or Sub -consultant retained and/or employed by Engineer shall be required by Engineer to carry, for the protection and benefit of the City and Engineer and naming said third parties as additional insureds, insurance as described above required to be carried by Engineer in this Contract. Page 5 of 15 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 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 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 ENGINEER, ITS AGENTS, EMPLOYEES, AND/OR SUBCONSULTANTS, RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS CONTRACT 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 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, Page 6 of 15 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: Signature, Automation, LLC Attn: Rick Hidalgo, P.E. 14679 Midway Road, Suite 205 Addison, TX 75001 Telephone: (469)619-1241 Facsimile: (469)619-1242 C. City's Address. The City's address and numbers for the purposes of notice are: Attn: Michael Lowe City of Lubbock P.O. Box 2000 1625 13th Street Lubbock, Texas 79457 Telephone: (806) 775-2616 Facsimile: (806) 775-3943 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 AND RESPONSIBILITIES A. Provision of 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 studies, reports and other data for the performance of Engineer's Services under this Contract Page 7of15 (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 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 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 circumstance, 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. Page 8of15 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. I. Entire Agreement. This Contract, including Exhibits "A" through `B" attached hereto, contains the entire agreement 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. L. Notice of Waiver. A waiver by either City or 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 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. Non -Appropriation. 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 non -appropriation of funds by the City Council of the City of Lubbock for the 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 services covered by this Contract is spent, whichever event occurs first (the "Non -Appropriation Date"). If at any time funds are not appropriated for the continuance of this Contract, 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 Contract beyond the Non -Appropriation Date. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY Page 9 of 15 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK Daniel M. Pope, MA OR e tcca Garza, CitASecret APPROVED AS TO CONTENT: OAA Aubrey Spear, P.E. irec or of Water Utilities APPROVED AS TO FORM: SIGNATURE AUTOMATION, LLC. By: A�m� Name: Rick Hidalgo, P. . Title: President Page 10 of 15 EXHIBIT A TO PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF LUBBOCK AND SIGNATURE AUTOMATION, LLC DESCRIPTION OF SERVICES AND RELATED MATTERS This is an exhibit attached to and made a part of this Agreement between City of Lubbock (the "CITY") and Signature Automation, LLC ("ENGINEER") for the following professional services. SCADA SYSTEM MAINTENANCE AND FUTURE PROGRAMMING SERVICES ENGINEER will provide maintenance and programming support services as needed and as directed by the CITY. The work will be performed on a Time and Materials basis utilizing the billing rate structure included in EXHIBIT B. For each assignment directed by the CITY, ENGINEER will provide an estimate to complete and will await written authorization from the CITY, prior to commencing the work for that assignment. In all cases, costs to perform the services assigned by the CITY shall not exceed the estimate provided by the ENGINEER for the respective assignment. Task I — Planned and Emergency Support ENGINEER will provide SCADA software maintenance and support services as requested, as directed and as defined by the CITY. Services are anticipated to include, but not be limited to: providing inspection of SCADA equipment; advice on software upgrades; performance of said upgrades; programming/configuration modifications to the SCADA system software; SCADA- related training to CITY's personnel; assistance in documenting existing programs; control system design assistance and other technical assistance related to the SCADA systems within the CITY's facilities. The services shall be performed on either a planned or emergency basis. Planned services are defined as services that are scheduled in advance with an agreement between CITY and ENGINEER on a reasonable start date for services. Emergency services are defined as services that are required without any advance notice and which require immediate response by the ENGINEER. ENGINEER proposes a formal protocol for providing and defining services in connection with this agreement as follows: Planned Services: During normal business hours, the CITY shall contact ENGINEER to request support services. Should ENGINEER not be available at the time of the initial call, ENGINEER agrees to respond to the initial request for service by contacting the CITY's point of contact within 4 hours of the Page 11 of 15 initial call. Actual services shall be performed at a time that is mutually agreeable to both parties, but in all cases, ENGINEER shall avail themselves to commence performance of services within 10 business days of the date of the initial call from the CITY. For each request for planned services, ENGINEER shall provide a preliminary cost estimate to complete the work. Work will not commence until authorized by the CITY. Emergency Services: During non -business hours or when CITY requires assistance immediately, CITY shall contact ENGINEER to request assistance. At the time of the initial call, CITY shall indicate to ENGINEER the urgency of the problem, and will email a description of the problem with details of any efforts that have already been made to resolve the problem. ENGINEER will attempt to diagnose the problem via telephone or by connecting via remote access to the SCADA system, if available. If ENGINEER is unable to diagnose and repair the problem remotely, ENGINEER will, at CITY's option, travel to the site within 24 hours of the initial call to provide onsite assistance. Each CITY request for planned or emergency support will result in a minimum assessment of one hour towards the total invoiced amount. Each onsite visit by ENGINEER personnel will result in a minimum assessment of four hours towards the total invoiced amount. The amount of time utilized for onsite support services shall include travel time to and from the facility. For desired services, the CITY shall contact ENGINEER's primary point of contact to coordinate the effort. Should the primary point of contact not be available, CITY shall contact ENGINEER's secondary point of contact as listed below. Primary Point of Contact Secondary Point of Contact Kevin Patel, P.E. Juliana Wafer, P.E. E-mail: knpatelAsig-auto.com E-mail: iowafer&sig auto.com Office Phone: 469-619-1241 ext 103 Office Phone: 469-619-1241 ext 105 Mobile Phone: 469-267-0316 Mobile Phone: 318-497-3562 For all assignments, the responsibilities of the ENGINEER are as follows: A. For each request for service received from CITY, ENGINEER shall provide a Summary Report that will detail the date and time of the initial call, date and time of arrival in response to the call (if applicable), details of the request for service and details of the findings and action taken to address the service requested. These summary reports will be included with each monthly report and invoice. B. Should software changes be warranted as a result of the service provided, ENGINEER shall apprise CITY at the time of the service so that appropriate backups of the changes can be made and so that existing documentation can be updated. At the CITY's option, ENGINEER can provide services to backup and/or update the existing documentation as part of the service request. Page 12 of 15 DELIVERABLES ■ Deliverables shall be defined at a later date based on the work defined in each individual request by the CITY for service. Assumptions For the purposes of developing the costs associated with this effort, ENGINEER has assumed the following: a. CITY will provide access to CITY's vendor support network including access numbers, contact numbers, and related vendor support agreement contract information. b. CITY will provide a single point of contact to coordinate and assign the work to be performed. c. CITY shall assume responsibility for impact to any existing warranties for equipment on which CITY directs the performance of services for this contract. d. CITY will provide at no additional costs to ENGINEER, copies of all pertinent documentation related to the existing control system as provided in Article XIV in this Contract. e. The CITY's point of contact assigned to this project will coordinate with appropriate individuals for review of the work provided. f. ENGINEER shall invoice the CITY for each task performed based on the billing rates shown in EXHIBIT B. Invoices will be provided on a monthly basis for work performed during the previous month. ENGINEER reserves the right to escalate rates by no more than 2% for each calendar year should the work extend beyond a single calendar year. Expenses incurred shall be included on all invoices at actual costs. Page 13 of 15 EXHIBIT B TO PROFESSIONAL SERVICES CONTRACT BETWEEN CITY OF LUBBOCK AND SIGNATURE AUTOMATION, LLC DESCRIPTION OF COMPENSATION FOR ENGINEEERING SERVICES AND RELATED MATTERS This is an exhibit attached to and made a part of this Agreement between City of Lubbock (the "CITY") and Signature Automation, LLC ("ENGINEER") for the compensation of professional services associated with ENGINEER's professional services defined in EXHIBIT A. COMPENSATION A. The Engineer shall perform work according to the Agreement and all exhibits herein within the compensation limits provided below. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this Contract. B. Compensation for services on the following tasks shall be paid on a Time and Materials basis using ENGINEER's standard billing rates included herein, not to exceed the following sum: Maintenance and Future Programming Support Services: Update SCADA Software and Convert System Platforms $100,000 $185,000 TOTAL $285,000 C. ENGINEER will prepare monthly invoices with services in each task specifically identified. ENGINEER shall invoice the CITY for all work completed during the preceding month no later than the fifth day of the month. Page 14 of 15 2017 Time & Materials Billing Rates The labor rates and charges shown herein apply to all "Time & Materials" based assignments for the 2017 calendar year. LABOR RATES Planned and Emergency Services shall be available at the hourly rates shown below. Rates include all payroll taxes, benefits, overhead and profit. Straight time, Planned or Emergency Services will be billed for hours worked during normal business hours and for normal eight (8) hour days, Monday thru Friday. Overtime rates, as shown, shall apply for all hours worked in excess of the normal eight (8) hour day and for all hours worked on Saturdays and Sundays. Services performed on normal Holidays shall be charged at two (2) times the published straight time hourly rate. Principal -in -Charge $175.00 $130.00 $165.00 Project Manager $120.00 $150.00 $170.00 Senior Automation Engineer/Programmer $110.00 $145.00 $160.00 Automation Engineer/Programmer II $ 95.00 $125.00 $135.00 Automation Engineer/Programmer 1 $ 85.00 $110.00 $120.00 Engineering Intern $ 45.00 $ 55.00 $ 67.50 Admin/Clerical/Accounting $ 60.00 $ 75.00 $ 90.00 TRAVEL EXPENSES All travel expenses in support of the work provided on a time and materials basis shall be billed at cost. Standard GSA mileage rates will be used for travel to and from the CITY's facilities. III. ESCALATION OF RATES ENGINEER reserves the right to escalate rates by no more than 2% for each calendar year should the work extend beyond a single calendar year. Page 15 of 15 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 0f 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. 2017-166644 Signature Automation, LLC Addison, TX United States Date Filed: 02/14/2017 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: 04/07/2017 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. 13230 SCADA Maintenance and Support Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Patel, Kevin Addison, TX United States X Whitaker, Brett Addison, TX United States X Hidalgo, Henry Addison, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 i,oi 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. CERTIFICA'nON 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. 2017-166644 Signature Automation, LLC Addison, TX United States Date Filed: 02/1412017 2 Name of govemmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Cate Acknowledged: 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. 13230 SCADA Maintenance and. Support Services a Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Patel, Kevin Addison, TX United States X Whitaker, Brett Addison, TX United States X Hidalgo, Henry Addison, TX United States X 5 Check only If there is NO Interested Party. ❑ 6 AFFIDAVIT t swear, or affirm, unifier penalty of perjury, that the above disclosure is true and correct. .�" oo•, RACHEL CALHOUN r Public, State Texas ;�f,' Notary of 20 Comm.ea jV,,',r oF''°'"`�.o''r Nolclty Dr 125771654 Y� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP f SEAL ABOVE Sworn to and subscribed betore me, by the said this the —i day 2t}_, to certify which, witness my hand and seal of office. of . UAdC�. tau, rD u� Cara hr Signature of officer administering oath Printed name of officer administering oath I Titl& of officer administering oath t-OrrriS proviaeo Dy I eXas tEnics uornmission www.ethics.state.tx;.us Version V1,0.277 Resolution No. 2017-RO 149 PROFESSIONAL SERVICES CONTRACT NO. 13230 STATE OF TEXAS § COUNTY OF LUBBOCK § This Professional Service Agreement ("Agreement") Contract No. 13:2 3() is entered into this 2lay of April , 2017, is by and between the City of Lubbock (the "City"), a Texas home rule municipal corporation, and Signature Automation, (the "Engineer"), a Texas limited liability company authorized to conduct business in Texas. WITNESSETH WHEREAS, Engineer has a professional staff experienced and is qualified to provide professional Engineer services related to SCADA System Maintenance and Future Programming (the "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 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 365 days, as set forth in Exhibit "A", attached to and made a part of this agreement for all purposes (the "Primary Term"). If the Engineer determines that additional time is required to complete the Services, the Director of Water Utilities, or his designee, may , but is not obligated to, in his or her discretion, 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 an increase in the amount of the consideration must be approved by the City acting through its governing body. The City may extend the term of this Contract, upon approval of ENGINEER, for two (2) successive twelve (12) months periods, upon the identical terms, provisions and conditions hereof, by Page 1 of 15