AGR-6771.2 - TESCO CONTROLS INC - SECOND AMENDMENT POTABLE WATER SYSTEMS SCADA UPGRADES - BID NO. 189-22j
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SECOND AMENDMENT
TO
CONTRACT
Potable Water Systems SCADA Upgrades(Bid No. 189-22)]
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THIS SECOND MEI DMENT TO CONTRACT(the"Second Amendment")is mac3e
and entered into as of o 9ernbe.r 10 , 2020 by and between the CITY OF ORANGE, a
municipal corporation ("City"), and TESCO CONTROLS, INC., a Califomia corporation
Contractor"),with reference to the following.
A. City and Contractor entered into that certain Contract(Agreement No. 6771}dated
as of May 14,2019,which is incorporated herein by this reference(the"Original Contract"}; and
B. City and Contractor amended the Original Contract to revise the Scope of Work
and increase the compensation by that certain First Amendment to Contract (Agreement No.
6771.]} dated as of January 14, 2020, which is incorporated herein by this reference (the "First
Amendment"};and
C. City and Contractor desire to further amend the Original Contract to modify,amend
and supplement certain portions ofthe Original Contract to revise the 5cope of Work and increase
the compensation.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this
Second Amendment are deemed and construed to refer to the Original Contract, as implemented
by this Second Amendment.
Section 3. Revised Scooe of Work. The Contractor's Proposal as referenced in
Article l.a(5) of the Original Contract, is hereby amended,modified and supplemented to include
the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Revised Term. Pursuant to Article 2 of the Original Contract, the City
hereby extends the term of this Contract to terminate on March 1,2021.
Section 5. Comnensation. Article 3 of the Original Contract,as amended by the First
Amendment, is hereby amended to increase the total not-to-exceed compensation for the services
to be rendered by EIGHT THOUSAND FOUR HUNDRED F4UR DOLI,ARS and 00/100
8,404.00)and shall read as follows:
Contractor agrees to receive and accept an amount not to exceed ONE
MILLION NINE HUNDRED SIXTY-FIVE THOUSAND FOUR DOLLARS
and 00/100 ($1,965,004.00) as compensation for furnishing all materials and
doing a!1 the Work contemplated and embraced in this Contract. Said
compensation covers {1) all loss or damage arising out of the nature of the
Work, from the acts of the elements; (2) any unforeseen difficulties or
obstructions which may arise or be encountered in the prasecution of the Work
until its acceptance by City,other than as provided below; (3)all risks of every
description connected with the Work; (4} all expenses incurred by or in
consequence of the suspension or discontinuance of the Work;and(5)well and
faithfully completing the Work, and for the whole thereof, in the manner and
according to the Plans and Specifications, and requirements of the Authorized
City Representative under them. Retention amounts shall be withheld from
progress payments as required by law unless Contractor provides securities in
lieu of retention."
Section 6. Authoritv of Citv Manaeer. Pursuant to Section 3.08.560 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Contract to adjust the compensation as provided herein.
Section 7. Inte ration. This Second Amendment amends, as set forth herein, the
Original Contract as amended by the First Amendment and,except as specifically amended hereby,
the Origina! Contract as amended shall remain in full force and effect. To the extent that there is
any conflict or inconsistency between the terms and provisions of this Second Amendment and the
terms and provisions of the Original Contract,the terms and provisions of this Second Amendment
shall control and govern the rights and obligations of the parties.
Remainder ofpage intentionally left blank;signatures on next pageJ
2
IN WITNESS of this Contract,the parties enter into this Second Amendment on the year
and day first above written.
CONTRACTOR" CITY"
TESCO CONTROLS, [NC. CITY OF ORANGE,a municipal corporation
a California corporation
By: By: rL
Printed Name: S/k`7 i''/ff Rick O o, City Manager
Title:
By: APPROVED AS TO FORM:
Print ame: ? B-Xl
Title: fF
1.,,
Mary E. Bi ing
Senior Assi ant City Attorne
xNOTE: If CONTRACTOR is a corporation,t/re Ci1y requires t/re followi tg signature(s):
1) tfie Clrnirm n of the Board, tl e President or a Vice-Preside tt, AND (2) tlre
Secrelary,llte Clrief Fii a rcin!O cer, tlie Trensurer, an Assistant Secretary or
ni: Assista rt Ti•easurer. If only oi:e corporate officer exists or one corporate
offrcer/ro/ds more tha i o ie corporate office,please so indicate. OR
The corporate offrcer nan:ed i r a corporate resolution as a tl orized to enter into
tlris Co rlracG A copy of the corporate resolu[ioir,certifred by tlie Secretary close
in tinre to tl e executioi: of 11 e Co rtracl,nrust be provided!o[l e City.
3
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EXHIBIT "A" i
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SUPPLEMENTAL SCOPE OF WORK I
Behind this page.]
T r Corporate OfRce
8440 Florin Road,Sacramento,CA 95828
www.TeScoControlS.Com, P.O.Box 299007,Sacramento,CA 95829
CONTROLS /NC. PH:916.395:8800 FX:916.429.2817
To: City of Orange Quote Date: 9/24/2020
Attn: Jeannette Guereca Quote No.: 206144Q03
COQ6A
Re: City of Orange Project No.: T-49357
RF System Redesign,(+/,Costs)
Dear Jeannette:
Thank you for your continued interest in TESCO products, services, and solutions. We are pleased to quote the
foliowing scope of work pertaining to the above-referenced project.
Background
Appendix D of the original project documentation included an ESTeem Site Survey Report which was the basis of
the projecYs original RF system design, however, there were sites identified by this report as being unable to
establish a reliable link, Deploying a system in accordance with the original design would produce unreliabie links
within the RF system, making the system unstable in its performance and viability. In order to overcome these
concerns, TESCO ecommended performing a Radio Frequency Study using new criteria objectives for its
evaluation in order to achieve reliability in the RF design, which was substantiated by TESCO's preliminary RF
propagation modeling evaluations.
TESCO was commissioned to proceed with fhe RF Study to develop new design recommendations for a more
reliable communication telemetry system. This resulted in the proposed communications system re-architecture
based on the findings from the TESCO-performed radio study, which included an onsite RF (Radio Frequency)
survey and analysis of the field data. This change order quotation incorporates all work related to the RF redesign
and the changes proposed for the radio communication system per that redesign.
Scope of Work
This change order quote is inclusive of the cost credits and additions associated with the redesign of the City of
Orange's(City)communications infrastructure to be utilized for the upgraded water distribution system. Although
there were significant efforts required to redesign the RF system,TESCO employed value engineering strategies to
help offset the additional costs incurred through budget saving measures in the final re-architecture of the system,
thereby reducing the total fiscal impact for the project and system design enhancements.
The recommended communications upgrades will consist of implementing a high-speed backbone network
licensed 4.9GHz) in combination with traditional radio frequency subnets (unlicensed 900MHz and licensed
150MHz). By reorienting the RF network and deploying this arrangement of frequencies,TESCO has determined
the previously specified RF Rohn towers are no longer required for the communication system and can be
elirninated from the project scope. However,certain sites now require higher antenna mast elevations which will
be accomplished using monopoles, including sites where the existing building or reservoir infrastructure cannot
accommodate the added height requirement.
Furthermore, TESCO has confirmed the redesigned RF system will remove the need for the specified Front-End
Processor (dua!M580 PLCs in hot-standby), which will present additional cost savings to the City. The new RF
system will have the network connectivity to accommodate the peer-to-peer communications required for control-
interdependencies,removing the requirement for the FEP.
File Ref.20G144Q03 Page 1 of 3
Quotafion TESCO CONTROLS,:NC.
Though fhere were considerable costs associated with the radio study and the engineered redesign, TESCO has
identiffed significarit say.ings fhrough the scope chariges described above to help offset the budget impact. Refer
to the Scope of Supply below for a listing of the credits and additions related to the RF system redesign.
Please IVote: For additiona/details on the scope of work changes related to each City site(including a summary of
system changes), the Electrfco!Su6contractor Work document accompnnying this change order quote may be
referenced.
Scope of Suppiy
CREDITS.._ , , . . .. , ... ,
1 Communications Hardware 125,547.00
ESTeem 4.9GHz Radios w/Built-in Antennas
Cradlepoint Cellular Modems
Cat 6 Ethernet Feedline Cable
Antaria Ethernet Switches
Antenna TowerS 591,001.00
Remove 40'&50'Rohn Towe s
Remove Subcontracted Foundation Constructiori&Tower
I nstal lation/Erecti on
Add monopole masts
Front-End Processor 45,783.00
Dual Modicon M580 PLCs in Hot-Standby
FEP Configuration/Programming
Credit Subtotal:-$262,331.00
ADDITIONS
2 Communicatio s Hardware 116,12Z.00
Proxim 4.9GHz Radios w/Built-in Antennas
MDS Orbit 900MHz Radios
MDS Orbit 150MHz Radios
Omni&Yagi Antennas
Coaxial Feediine Cable&Connectors i
Siemens Ethernet Switches I
Enclosures 13,280.00
RTU/PLC&Radio Panels
Communications Svstem Redesisn 141,328.00
Rf Study(Rqdio Survey&Analysis)
Engineered Redesign&Resubmittals
Additional FCC Licensing Coordination&Procurement
Addition Subtotal:$270,735.00
DIFFERENTIAL TOTAL(Items 1-2,including applicable sales tax: 8,404.00
File Ref.20Gf44Q03 Page 2 of 3
Quotation TESCO CONTROLS,lNC.
Project Clarifieations
Unless otherwise indicated by the Scope of Work above,the following is not included within this quotation:
Instrumentation mounting components,brackets,stanchions,sunshields,etc.
Local control stations and/or field mounted disconnects.
Instrumentation,devices,components,or equipment not specifically identified in the above quotation.
Any 3rd paPty testing,harmonic testing/analysis,protective device coordination study,short-circuit
analysis,or Arc-Flash Risk Assessment(AFRA)services.
Electrical interconnection diagrams for equipment not furnished by TESCO.
ISA process control loop diagrams.
Signal loop diagrams for equipment not furnished by TESCO.
Terms 8 Conditions
Quote is firm for 30 days unless otherwise stated.
Time Extension:approval of this change order will require a time extension for completing engineered
submittals,procurement,equipment/product shipment,configuration/programming,integration,and
implementation segments of the contract work. Please adjust contract and construction schedules
accordingly to reflect the following:substantial completion by 4 30 2021 and final completion by 6 30 2021.
Change Order Approval:must be received within 20 days of the quotation date to avoid further schedule
impacts,shipping delays,and/or additional costs for equipment changes in the field.
Unless otherwise stated above,price does not include any sales tax,use tax,or applicable fees;please apply
any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable.
TESCO price is FOB factory,full freight allowed.
TESCO warranties against defect in design,workmanship,and materials for a period of one year from date of
installation and does not exceed 18 months from the date of shipment from the factory.
TESCO carries liability insurance,with full workers'compensation coverage.
Terms are net 30 days on approve.d credit accounts.
Interest will be applied to all past due invoices.
All merchandise sold is subject to lien laws.
Final retention to be paid within 10 days after the project notice of completion.
Please feel free to contact us at(916)395-8800 to discuss any questions or comments you may have regarding this
quotation.
Sincerely,
TESCO CONTROLS,INC.
John Wright I
Technical Sales
jwright@tescocontrols.com
File Ref.20G144Q03 Page 3 oi 3
ran^
City of
e
Public Works Department
CONTRACT CHANGE ORDER
PROJECT:Pota le Vatcr System SCADA&Controls Upgradcs
BID NO.;PROJECT NO. I89-22
CONTRACTOR: Tesco Controls,Inc. Datc: 9/25/2020
You are hereb•directed to maAe die herein described ch nges from tlie plans and specifications or do die Following described work not included in the plans and specifications on Uiis contract.
NOTE: This change order is not effecN•e unHl approved by the Cih Engineer.
Description of ti•ork to be done,an estimare of quantities,and pdces to be paid. Segregate behveen additional work a the coniract price,ageed prica and force account. Unless othenvise sta[ed,7etes
for rental of equipmem coveronly such time as equipment is actually used and no allorvance will be made for idle time.
The follo•ing vorl:is addzJ ar deleted,as applicable,Crom the convact as a change order in accordance with[he provisions of Section 3 of the cuntract specifications.The method of payment shall be
as described for eacL item ofthis'change ordec T6e following work is added or deleled,as applicable,Prom tha'contract as a change order in accordance with the provisions of Section 3 of the canrcact
specifications. 7Le method of paymem shall be as described for each item of this chan e order.
DESCRIPTfON UNIT UNIT ORIC[NAL OR[GINAL CCO CCO Increase(Decrea3e)
O. OF\VORK ' PRICE DESCRIPTIO\ QUANT[TV A IOUNT QUANTITY ADIOUNT QUANTITY AAfOUNT
ConMatt Change Order
1 Radio Frequencg System Redesi S8,404.00 LS 0 S0.00 1 58,404.00 I 58,404.00
Total Change Ordcr Items:50.00 SS,iO4.00 S,J04.00
PROJEGT TOT L: 50.00 58,404.d0 S8A0.00
Original Contract.lmount: 51,792,270.00 Original Contract Time: 270 da s
Ne•Comract Amaunt lnduding
Contract Change Ordea S1,800,67a.00 Original Agrement Date: 5l14/2019 Date of Ciry Council Approval:
Change from Original Conhact
Amount in Perccatage: 0.5"/Origival Completion Date: 3/l U2020 SJl4l2019
Time Extension er the CCO herin:
Clian a n ues ed b : Jeanneue Guarew A roved:
Project\fana er Ciry Engincer
A roved: A roved as to form:
Ciry hfanager(If Applicable)Ciry Attamey
The compensation(time and cosq set forth in Ihis Cliange Order constitutes the total compensalion due to the Contractor,all Subcontrac[ors,and all suppliers,(or the work or cAange defined in this
Change Onfer,induding all impacts on any unchanged work. 8j signing this Change Ordec,the Contraaor acknoti ledges and agrees,on behalf oChimselC,all Subcomractors,and all suppliers,that th
stipulated compensation includes paymen for all}vdrl:contained in tl is C6ange Order,plus all payment for tlx:intertuQtion o[schedules,ertended overhead costs,delays,a id all impacls,ripple effect
or cumulative impacts on alI ather rork under lhis Contrac4 'fhe signing of I iis Change Order shall indicate U at the Clwnge Order constimtes a full mutual accord and satisfaction for the change and
that the time and or cost under tLe Change Order cansdNtes the tWal equitable adjustment owed the Contcactor,all Subconuuctars,and all suppliers,as a result of tlie chang.The CoNractor,on belialf
of himsetf,atl Subcontractors,aiid sappliers,agrees to vaive all rights,vithout exception or roservation oCany kind hauoecer,to file any funher claim orrequest for equitable adjusunent of a ry type,
for any reasonably Foreseeable cause that shall arise out of or as a result of this Change Ocder or the impact of ttiis Change Order on the remainder of the rork under Ihis Convact.
tVe,the undersigned Conaacror,have given careful consideration to the change proposed and hereby agree,iCthis proposal is approved,that w•e will provide all equipment,fumish all materials,except
as may othencice be noted a6ove,and perform all services necessary for the vork above specified,and will accept as full paqment,including all overhead and bonds.Thereforc the prices are shown
abose.
r
Acce tanceDate: Contractor. D
B : 1'ide: C f L.J
If thz Contractor d acceptance of Ihis order,his attemion is direded to the requirements oCthe specifications as to praeeding with the order work and filing a written protest w•ithin the
time therein specified.
T
a Corporate Ofnce
Www.TeSCOCotItIOlS.COn1
8440 Florin Road,Sacramento,CA 95828
P.O.Box 299007,Sacramento,CA 95829
CONTROLS INC. PH:916.395:8800 FX:916.429.2817
To: City of Orange Quote Date; 9/24/2020
Attn: Jeannette Guereca Quote No.: 20G144Q03
COQ6A
Re: Ciry of Orange Project No.: T-49357
RF System Redesign(+/-Costs)
Dearleannette:
Thank you for your continued interest in TESGO products, seroices, and solutions. We are pleased to quote the
following scope of work pertaining to the above-referenced project:
Background
Appendix D of the original project documentation included an ESTeem Site Survey Report which was the basis of
the project's original RF system design, however, there were sites identified by this report as being unable to
establish a reliable link. Deploying a system in accordance with the original design would produce unreliable links
within the RF system, making the system unstable in its performance and viability. In order to overcome these
concerns, TESCO recommended performing a Radio Frequency Study using new criteria objectives for its
evaluation in order to achieve reliability in the RF design, which was substantiated by TESCO's preliminary RF
propagation modeling evaluations.
TESCO was commissioned to proceed with the RF.Study to develop new design recommendations for a more
reliable communication telemetry system. This resulted in the proposed communications system re-architecture
based on the findings from the TESCO-perfarmed radio study, which included an onsite RF (Radio Frequency)
survey and analysis of the field data. This change order quotation incorporates all work related to the RF redesign
and the changes proposed for the radio communication system per that redesign.
Scope of Work
This change order quote is inclusive of the cost credits and additions associated with the redesign of the City of
Orange's(City)communications infrastructure to be utilized for the upgraded water distribution system, Although
there were significant efforts required to redesign the Rf system,TESCO employed value engineering strategies to
help offset the additional costs incurred through budget saving measures in the final re-architecture of the system,
Itherebyreducingthetotalfiscalimpactfortheprojectandsystemdesignenhancements.
i
The recommended communications upgrades will consist of implementing a high-speed backbone network
licensed 4.9GHz} in combination with traditional radio frequency subnets (unlicensed 900MHz and licensed
150MHz). By reorienting the RF network and deploying this arrangement of frequencies,TESCO has determined
the previously specified RF Rohn towers are no longer required for the communication system and can be
eliminated from the project scope, However,certairi sites now require higher antenna mast elevations which will
be accomplished using monopoles, including sites where the existing building or reservoir infrastructure cannot
accommodate the added height requirement.
Furthermore, TESCO has confirmed the redesigned RF system will remove the need for the specified Front-End
Processor (dua!M580 PLCs in hot-standby), which will present additional cost savings to the City, The new RF
system will have the network connectivity to accommodate the peer-to-peer communications required for control-
interdependencies,removing the requirement for the FEP.
F;le Ref.20G144Q03 Page j 1 of 3
Quotation TESCO C.ONTROLS,INC.
Though there were considerable costs associated with the radio study and the engineered redesign, TESCO has
identified significant savings through the scope changes described above to help offset the budget impact. Refer
to the Scope of Supply below for a listing of the c edits and additions related to the RF system redesign.
Please Noce: For additiona!details on the scope of work changes related to each City site(including a summary of
system. changes), the Electrlca!Subcontractor Work document accompanying this change order quote may be.
reJerenced.
Scope of Supply
CREDITS .
1 Communications Hardware 125,547,00
ESTeem 4.9GHz Radios w/Built-in Antennas
Cradlepoint Cellular Modems
Cat 6 Ethemet Feedline Cable
Antaria Ethemet Switches
Antenna Towers 91,001.00
Remove 40'&50'Rohn Towers
Remove Subcontracted Foundation Construction&Tower
I nstal lati on/Erectian
Add monopole masts
Front-End Processor 45,783.00
Dual Modicon M580 PLCs in Hot-Standby
FEP Configuration/Progremming
Credit Subtotal:-$262,331.00
ADDITIONS
2 Communications Hardware 116,127.00
Proxim 4.9GHz Radios w/Built-in Antennas
MDS Orbit 900MHz Radios
MDS Orbit 150MHz Radios
Omni&Yagi Antennas
Coaxial Feedline Cable&Connectors
Siemens Ethernet Sin itches
Enclosures 13,280.00
RTU/PLC&Radio Panels
Communications Svstem Redesisn 141,328.00
RF Study(Radio Survey&Analysis)
Engineered Redesign&Resubmittals
Additional FCC licensing Coordination&Procurement
Addition Subtotal:$270,735.00
DIFFERENTIAL TOTAL(Items 1-2,including applicable sales tax): 8,404.00
File Ref.20G144Q03 Page 2 of 3 i
I
Quotation TESCO CON7ROLS;lNC.
Project Clarifications,
Unless otherwise indicated by the Scope of Work above,the following is not included within fhis quotation:
Instrumentation mounting components,brackets,stanchions,sunshields,etc.
Local control stations and/or field mounted disconnects.
Instrumentation,devices,components,or equipment not specifically identified in the above quotation.
Any 3'd party testing,harmonic testing/analysis,protective device coordination study,short-circuit
analysis,or Arc-Flash Risk Assessment(AFRA)services.
Electrical interconnection diagrams for equipment not furnished by TESCO.
ISA process control loop diagrams:
Signal loop diagrams for equipment not furnished by TESCO.
Terms 8 Conditions
Quote is firm for 30 days unless otherwise stated.
Time Extension:approval of this change order will require a time extension for completing engineered
submittals,procurement,equipment/product shipment,configuration/programming,integration,and
implementation segments of the contract work. Please adjust contract and construction schedules
accordingly to reflect the follbwirig:substantial completion by 4 30 2021 and final completion by 6 30 2021.
Change Order Approval:must be received within 20 days of the quotation date to avoid further schedule
impacts,shipping delays,and/or additional costs for equipment changes in the field.
Unless otherwise stated above,price does not include any sales tax,use tax,or applicable fees;please apply
any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable.
TESCO price is FOB factory,full freight allowed.
TESCO warranties against defect in design,workmanship,and materials for a period of one year from date of
installation and does not exceed 18 months from the date of shipment from the factory.
TESCO carries liability insurance,with full workers'compensation coverage.
Terms are net 30 days on approved credit accounts.
Interest will be applied to all past due invoices.
All merchandise sold is subject to lien laws.
Final retention to be paid within 10 days after the project notice of completion.
Please feel free to contact us at(916)395-8800 to discuss any questions or comments you may have rega ding this
quotation.
Sincerely,
TESCO CONTROLS,INC,
John Wright
Technical Sales
jwright@tescocontrols.com
File Ref.20G144Q03 Page(3 of 3