03.05 3rd Amend Water Supervisory Control and Data Acquisition UpgradeAGENDA ITEM
January 8, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Christoph;C11&
Public Works Director
REVIEW: City ManaFinance
1. SUBJECT
Third Amendment to Consultant Services Agreement with, Pacific Advanced Civil
Engineering, Inc. for the Water Supervisory Control and Data Acquisition Upgrade
Project.
2. SUMMARY
Request that the City Council approve the Third Amendment for additional services
including revising the bid documents, responding to- requests for information, attending
meetings, and providing construction assistance to complete the Water Supervisory
Control and Data Acquisition Upgrade Project.
3. RECOMMENDED ACTION
Approve the Third Amendment to Consultant Services Agreement with Pacific Advanced
Civil Engineering, Inc., and authorize the Mayor and the City Clerk to execute on behalf
,of the City.
4. FISCAL IMPACT
The total expenditure for this Third Amendment to Consultant Services Agreement is
$14,050, and will be funded in the Water Plant Telemetry — SCADA (18912) through
Water Fund (600).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.
6. DISCUSSION AND BACKGROUND
The existing Water Supervisory Control and Data Acquisition (SCADA) system for the
City of Orange Water Division has been in operation for approximately 19 years. This
ITEM 3.5 1 01/08/2019
system is used to monitor and control the water system remotely from the Water Division
Headquarters or from a remote laptop or tablet. The existing SCADA system is obsolete,
inefficient, and has limited capability. It does not provide the desired automation and
synchronization of the water system to provide a more efficient operation. Currently, the
water system includes twelve wells, fifteen reservoirs, fifteen pump stations, and eight
import connections, all of which are controlled by the SCADA system.
In October of 2016, the City of Orange entered into an agreement with Pacific Advanced
Civil Engineering (PACE), Inc. to provide designs, plan preparation, specifications, cost
estimates, and bid documents to complete the Water Supervisory Control and Data
Acquisition Upgrade Project. The original contract amount was $43,000. This original
agreement was then amended by the First Amendment approved in February 2017 in the
amount of $12,863. The Second Amendment approved in August 2017, added $6,600 to
that amount. This proposed Third Amendment will add $14,050, bringing the total
agreement amount to $76,513.
At the November 2018 meeting, the City Council rejected all bids for the SCADA project
and directed staff to re -advertise the project for bids. The Third Amendment authorizes
PACE to provide additional services related to the bidding process such as revising bid
documents, responding to requests for information, issuing addendums, attending
meetings, and assisting with construction management.
7. ATTACHMENTS
1. Third Amendment to Consultant Services Agreement
ITEM 2 01/08/2019
AGMT No. 6388.3
THIRD AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Third Amendment to Consultant Services Agreement (the "Third Amendment") is made
and entered into as of , 2018, by and between the CITY OF ORANGE, a
municipal corporation (the "City"), and PACIFIC ADVANCED CIVIL ENGINEERING, INC., a
California corporation, (herein referred to as the "Consultant"), with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement
(Agreement No. 6388) dated as of October 4th, 2016 (the "Original Agreement"), which was later
amended by that certain First Amendment to Consultant Services Agreement, dated as of February
17, 2017 (Agreement No. 6388.1) (the "First Amendment"), and by the Second Amendment to
Consultant Services Agreement, dated as of August 1, 2017 (Agreement No. 6388.2) (the "Second
Amendment"). The Original Agreement, the First Amendment, the Second Amendment are
incorporated herein by this reference; and
B. The City and the Consultant desire to further amend the Original Agreement to
modify, amend and supplement certain portions of the Original Agreement.
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 Agreement.
Section 2. Cross -References. The City and Contractor hereby agree that all references
in the Original Agreement or this Third Amendment to the "Original Agreement" are deemed and
construed to refer to the Original Agreement, as implemented by this Third Amendment.
Section 3. Revised Scope of Services. The Scope of Services, Exhibit A to the Original
Agreement, is hereby amended, modified and supplemented to include the services described in
Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Compensation. The total not -to -exceed compensation set forth in Section 2
of the Original Agreement for the services to be rendered thereunder was the sum of FORTY
THREE THOUSAND DOLLARS and 00/100 ($43,000.00). Section 2 of the Original Agreement
was amended by the First Amendment to provide for an increase of TWELVE THOUSAND EIGHT
HUNDRED SIXTY TWO DOLLARS and 60/100 ($12,862.60) in the total not -to -exceed
compensation such that the Consultant's total compensation under the Original Agreement, as
amended by the First Amendment, would not exceed the sum of FIFTY FIVE THOUSAND EIGHT
HUNDRED SIXTY TWO DOLLARS and 60/100 ($55,862.60). Section 2 of the Original
Agreement was amended by the Second Amendment to provide for an increase of SIX THOUSAND
SIX HUNDRED DOLLARS and 00/100 ($6,600.00) in the total not -to -exceed compensation such
that the Consultant's total compensation under the Original Agreement as amended by the First and
Second Amendment would not exceed SIXTY TWO THOUSAND FOUR HUNDRED SIXTY
TWO DOLLARS and 60/100 ($62,462.60). Section 2 of the Original Agreement is hereby amended
to provide for an increase of FOURTEEN THOUSAND FIFTY DOLLARS and 00/100 ($14,050.00)
in the total not -to -exceed compensation such that the Consultant's total compensation under the
Original Agreement, as amended by this Third Amendment shall not exceed SEVENTY SIX
THOUSAND FIVE HUNDRED TWELVE DOLLARS and 60/100 ($76,512.60) without the prior
written authorization of the City.
Section 5. InteLyration. This Third Amendment, the agreements specifically referred to
herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein,
and supersede all negotiations with respect to the subject matter hereof. This Third Amendment
amends, as set forth herein, the Original Agreement and all amendments thereto, and, except as
specifically amended hereby, the Original Agreement and all amendments thereto shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this Third Amendment and the terms and provisions of the Original Agreement and/or
all amendments thereto, the terms and provisions of this Third Amendment shall control and govern
the rights and obligations of the parties.
[Remainder of page intentionally left blank, signatures on next page]
2
IN WITNESS of this Agreement, the parties enter into this Third Amendment on the year
and day first above written.
"CONSULTANT"
PACIFIC ADVANCED CIVIL
ENGINEERING, INC., a California corporation
"CITY"
CITY OF ORANGE, a municipal corporation
*By. By:
Printed Name:
Title: S R. V, P. ✓
By:
Printed Name: Andrew Komor
Title: Vice President
Mark A. Murphy, Mayor
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Gary A. Sheatz, Senior Assistant City Attorney
*NOTE: The City requires the following signature(,) on hehalf of the Consultant:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- Tile corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close ill time to
the execution of the Agreement, must be provided to tl:e City.
EXHIBIT "A"
SUPPLEMENTAL SCOPE OF SERVICES
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PACE
Advanced Water Engineering
AUTHORIZATION FOR CHANGE ORDER
TO: City of Orange — Water Division ATTN:
300 E Chapman Ave DATE:
Orange, CA 92866 PROJECT:
(714) 288-2475 C.O. AUTHORIZATION #:
Description of Additional Services:
Mr. Jose Diaz
November 29, 2018
A572 — Water Utilities SCADA &
Controls Upgrades
04
Task 08 — Additional Bid Services
Based on repeated questions and a pre -protest letter by one of the bidding contractors for the project,
PACE was requested by City staff to attend several coordination meetings at the Water Utilities
Department offices and prepare multiple additional responses and addendums to the Bid Documents to
accomidate the bidding contractor. As such, we exceeded the time allocated and authorized by our
original contract. We are therefore requesting this CO to our original contract for the cost of the additional
hours spent on the project.
Additional Cost for this CO Request:
The following is the additional labor cost incurred based on PACE's standard billing rates for 2018 (see
attached). Once approved, PACE will prepare and submit an invoice for the work completed.
Administrative Staff
Engineering Consulting & Management
Instrumentation & Controls Staff
Reimbursable Expenses
(2.5 hrs @ $80/hr)
(17 hrs @ $190/hr)
(12 hrs @ $150/hr)
Estimated By: November 29, 2018
James Matthews, PE - PACE Date
AGREED TO AND ACCEPTED BY:
By
City of Orange Date
$ 200
$ 3,230
$ 1,800
$ 0
TOTAL: $5,230
PACE
Advanced Water Engineering
AUTHORIZATION FOR CHANGE ORDER
TO: City of Orange — Water Division ATTN:
300 E Chapman Ave DATE:
Orange, CA 92866 PROJECT:
Mr. Jose Diaz
November 29, 2018
A572 — Water Utilities SCADA &
Controls Upgrades
(714) 288-2475 C.O. AUTHORIZATION #: 05
Description of Additional Services:
Task 09 — Additional Re -Bid Services
Based on the formal protest of one of the bidding contractors on the project, the City has decided to
formally dismiss all proposals received, revise the bid documents to incorporate the previous Bid
Addendum items, and re -bid the project in 2019. As such, PACE has been requested by the City to revise
the project Bid Documents to incorporate all of these items and provide additional QA/QC of the Final Bid
Document package. PACE will also attend the Pre -Bid Meeting and provide services to answer questions
from bidding contractors for the re -bid period.
Additional Cost for this CO Request:
The following is an estimate of cost based on the additional Scope of Work, Contract Time and PACE's
standard billing rates for 2018 (see attached). PACE will prepare and submit monthly invoices, based on
actual hours and costs incurred, up to a Not -to -Exceed value of $8,820.
Administrative Staff (4 hrs @ $80/hr)
Engineering Consulting & Management (30 hrs @ $190/hr)
Instrumentation & Controls Staff (12 hrs @ $150/hr)
Special Sub -consultants (for SCADA & PLC technical support)
Reimbursable Expenses
Estimated By: November 29, 2018
James Matthews, PE - PACE Date
AGREED TO AND ACCEPTED BY:
City of Orange Date
$ 320
$ 5,700
$ 1,800
$ 500
500
TOTAL: $ 8,820