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HomeMy WebLinkAboutC-178501 ril CITY OF ARCADIA ORIGINAL PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this . day of , 20t, i by and between the City of Arcadia, a municipal organization organized and r the laws -of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and Mark R. Luedtke (d.b.a. Aquasystec), a Sole Proprietorship with its principal place of business at 32480 Somerset Drive, Lake Elsinore, California 92530 ( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Programming and System Technical Support for Supervisory Control and Data Acquisition (SCADA) Water Distribution services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Water SCADA System Up -Grade project ( "Project ") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3. 1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional System Programming and Technical Support consulting services necessary for the Project ( "Services "). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. RVPUB\NGS \557188 3.1.2 Term. The term of this Agreement shall be from June 1, 2001 to August 1, 2001, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and. Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Mark R. Luedtke. RVPUB \NGS \557188 2 3.2.5 City's Representative. The City hereby designates Pat Malloy, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mark R. Luedtke, or his or her designee, to act as its representative for the performance of this Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that. all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. RVPUB \NGS \557188 3 3.2. 10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement /location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $500,000 per accident for bodily injury and property damage 3.2.10.3 Professional Liability. INTENTIONALLY OMITTED 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: RVPUB \NGS \557 ] 88 4 (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. . (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. [INTENTIONALLY OMITTED] (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or, eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. RVPUB \NGS \557188 5 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twelve Thousand One Hundred Dollars and No Cents ($12,100.00) without written approval of City's Public Works Services Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. RVPUB \NGS \557188 6 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: RVPUB \NGS \557188 7 Consultant: City: Mark Luedtke d.b.a. Aquasystec 32480 Somerset Drive Lake Elsinore, CA 92530 City of Arcadia 240 West Huntington drive. Arcadia, CA 91066 -6021 Attn: Pat Malloy, Public Works Services Director Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. RVPUB \NGS \557188 8 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. RVPUB \NGS \557188 9 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Parry. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights. by custom, estoppel, or otherwise. 3.5.16 No Third Parry Beneficiaries. There are no intended third parry beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. RVPUB \NGS \557188 10 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required the work required by this Agreement, except approval of City. Subcontracts, if any, shall provisions stipulated in this Agreement. CITY OF ARCADIA • 41 William R. Kelly City Manager ATTEST.• i Clerk APPROVED AS TO FORM..- Stephen P. Deitsch, City Attorney . Consultant shall not subcontract any portion of as expressly stated herein, without prior written contain a provision making them subject to all Mark R. Luedtke d.b.a. Aquasystec By: Mark R. Luedtke Systems Project Manager RVPUB \NGS \557188 11 ExHmIT "A" SCOPE OF SERVICES Scope of work to include, but not be limited to, consulting with Arcadia's staff on the following: Task 1.) Installation /Programming of New SCADA software and Software License on City supplied Dell Computer (SCADA 2). Task 2.) Installation/Programming of New Bristol Babcock 386.3330 CPU Board in Back -Up Master SCADA RTU Controller. (Hardware provided by City) Task 3.) Modify current SCADA -RTU programming to include logic for Edison Time-of-Use rates, flow signals and well levels. Clean up existing RTU programs as directed by City personnel. This task not to exceed 80 hours. If additional time is required to complete undefined clean -up programming, the scope of additional work will be defined during the initial task 4. Additional programming will be submitted for approval and billed on a time and material basis. Task 4.) Design Criteria for New Venturi Flow Meters at two pump stations. (The City will purchase recommended meters directly from manufacture.) Install and Program flow meters (provided by City) to display flow data on SCADA Computers. RVPUB\NGS \557188 A -1 EXHIBIT "B" SCHEDULE OF SERVICES PROJECT SCHEDULE Task 1.) SCADA 2 Software Installation. Task 2.) 386 -3330 CPU Up -Grade Task 3.) SCADA RTU- Programming Task 4.) Pump Station Flow Meters Estimated Completion Date, 2 weeks Estimated Completion Date, 2 weeks Estimated Completion Date, 6 weeks Estimated Completion Date, 10 weeks Note; Completion dates from Notice to Proceed. Task 1 Software purchased by City (software delivery pending), completion date from receipt of Software. Task 4 pending City purchase of flow meter hardware. RVPUB \NGS \557188 B -1 RVPUB\NGS \557188 EXHIBIT "C" C" COMPENSATION PROFESSIONAL FEES AND RATES SCADA System Programming and Technical Support Standard rate, planned tasks and scheduled services $80.00 per hour. Demand rate, Emergency response system support 5120 00 per hour. Includes; 24 hour response, Overtime and Weekend hours, Travel Time, to and from job site 540 00 per hour. Travel Mileage 50 50 per mile C -1 COVERAGES 7 •������.� ®® CERTIFIC1 DATE ISSUE M /DD /YY) (M c OF INSURANCE ISSUE (M INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 01 PRODUCER BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER' POLICY EFFECTIVE POLICY EXPIRATION DATE (MM /DD /YY) DATE (MM /DD /YY) ALL LIMITS IN THOUSANDS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEII:, , GARY DENNY INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 41950 6TH STREET PERSONAL & ADVERTISING INJURY $ 1,000,000 COMPANIES AFFORDING COVERAGE TEMECULA, CA 92590 - FIRE DAMAGE (Any one fire) $ 50,000 LETTER ' LETTER COMPAN Y A GENERAL STAR INDEMNITY COMPANY CODE SUB -CODE AUT J AOBILE LIABILITY INSURED COMPANY B CENTURY NATIONAL INSURANCE LETTER ,. MARK LUEDTKE LET ERNY C DBA: AQUASYSTEC '.LL OWNED AUTOS 32480 SOMERSET DRIVE COMPANY D LETTER LAKE ELSINORE, CA 92530 COMPANY E BODILY LETTER COVERAGES �TM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DATE (MM /DD /YY) DATE (MM /DD /YY) ALL LIMITS IN THOUSANDS A GENERAL LIABILITY TBD /DC10 /M20 /P /40 06/05/01 06/05/02 GENERAL AGGREGATE $ 1,000;000 COMMERCIAL GENERAL LIABILITY PROD UCTS - COMP /OPS AGGREGATE $ Inc." CLAIMS MADE OCCUR. PERSONAL & ADVERTISING INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ 1,000,000 ARCADIA, CA 91066 -6021 FIRE DAMAGE (Any one fire) $ 50,000 ACORD . 5 -S (3/88) MEDICAL EXPENSE (Any one person)' $ 5,000 AUT J AOBILE LIABILITY COMBINED ANY AUTO $500,000.00 LIMIT '.LL OWNED AUTOS BODILY B X SCHEDULED AUTOS TBD- DC10 /m2O/p/27 07 -01 -01 07 -05-02 (Per/person) $ HIRED AUTOS BODILY I` ON -OWNED AUTOS INJURY $ (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM e✓ORKER'S COMPENSATION STATUTORY AND EMPLOYERS' LIABILITY OTHER $ (EACH ACCIDENT) $ (DISEASE — POLICY LIMY $ (DISEASE —EACH EMPL+ fE DESCRIPYI )N OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant. including materials, parts or equipment furnished in connection with such work. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TF CITY OF ARCADIA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 1i.) CITY CLERKS OFFICE - MAIL 30 DAYS WRI 'TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Tf l 240 W. HUNTINGTON DRIVE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATICN (:I PO BOX 60021 LIABILITY OF ANY KING UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVE, `,". ARCADIA, CA 91066 -6021 -- - - - - -- - - -- -- - _ -__ _ AU TI�AORIZED REPRESENTATIVE ACORD . 5 -S (3/88) ( © ACORD CORPORATION 1 FIE Jur, 20 01 12:24p Aquasystee 32480 Somerset Dr. Lake Elsinore, Ca. 92530 Phone (909) 732 -7672 Fax (909) 678 -0060 June 20, 2001 City of Arcadia CITY CLERKS OF]HCE 240 W. Huntington Dr. P.O. Box 60021 Arcadia, CA, 91066 -6021 Attu. Denise Weaver p.2 u a �l Management & Control Systems Subject: Professional Service Agreement, Workman's Compensation Insurance Mark R. Luedtke (D.B.A. Aquasystee) is self - employed and the sole employee of Aquasystec. I certify in compliance with Section 3800 of the California Labor Code, the performance of the work for The City of Arcadia is without employing any person in any manner so as to become subject to the Workers' Compensation Laws of California. Mark R. Luedtke, er - Aquasystec CITY OF ARCADIA 240 West Huntington Drive • P.O. Box 60021 • Arcadia, CA 91066 (626) 574 -5430 • Fax (626) 447 -9173 • Attn: Bus. License Office BUSINESS LICENSE APPLICATION • Please Check One NEW APPLICATION CHANGE OF OWNER ❑ CHANGE OF ADDRESS ❑ CHANGE OF BUSINESS NAME ❑ HOME OCCUPATION ❑ Retail ❑Wholesale. El Service ❑Service /Delivery ❑General Contractor ❑Sub Contractor ray ,max Aw����#S�N ham= Professional ❑ Property Ownership ❑ Manufacturing ❑ Industrial ❑ Warehouse ❑ Other` Business Name /� fY � 5 Zec y pow W . z,8 Business Address x4 z € (Cannot be P.O. Box for nonexempt businesses per State of California, Business & Professions Code - Section 17538.5) TE h t Ll4K�s" [ S /NCR )I C,0 • 92-S-30 i ' tr City State Tip . ., Mailing Address City State ZIP Nri c s Business Phone (l o �) 732-767Z Business Fax (�v9 6716 aG O iAK F Is your business located In the City of Arcadia? ❑ Yes P No Start Date 0- ©( _ 1-1 Description of Business Iiy. 0 ti 5TAI h L CO k4rm rtZ. %!mot Ownership: ❑ Corporation ❑ Corp -Ltd Liability ❑ Partnership Sole Proprietor ❑ Limited Partnership ❑ Trust State Ltcense''No. License Type Expiration Date Resale No. FEIN No. 33 07f9+33 SEIN No. [ � A a 1� ♦ ' ,� � &. a < z s, k �$z �.� Y r .. s� fir` - ba *� vx ,\ � .fir' -r<��� -s ': Owner Name %%?,q1� /� �• �iE/��'Ki: Title ©t,✓t -CQ Phone(7i) 67�3' RICO Home Address 32- 6 J Yo," eq Sr % tm . Cell Phone (901) :Z3 L ° 76 7 Z.. City Lar <i r(rjtidRti State C/o. Zip 72J-30 y,?A,ert_ Lvt ED7kji C Social Security No. S6s�" 08 St?3 e Drivers License No. A/ 3 0 13 E -mail No. Crstq tj5 P41 . CO Owner Name Title Phone ( ) Home Address Cell Phone ( ) City State Zip Social Security No. _ Drivers License No. E -mail No. 'E 2 s z BIN, Name A4141 ?/< �.gEDTkIf Title 04�IlA Phone(147�) 6�� Pr6U Address '05 Cell Phone (7cel) 7 3)_ 76 7 z_ city State ZIP a < Name Title Phone ( ) Address License No City State ZIP � . , rx PE OF BUSiNi:$,tar�i HUS#INES� DENSE F EE ss ry r of; R@ tR11rS�Vha (@$ailar�nt�oe���3as$>r @e �� .s �• � �`� � � <p @r @rr� loyee, + � x pere�ici$ J �` {r'"' f F 3.s f as.7�zc a J >� t i y�h t z r' n„E i f .,x Serviceri3ei ery @rrio@ vehctesoing to a tocatlon 1r7 ArcadCa W X « p@r uehicl r r,< ? ? � S ecial B� In §r 6 � t +r • xtn a �r ���' � ti$A £ 7s;�� � k n a<r PCQper(y avrnershp r t Ye€ Co1n1r1erClal, Bstse f @e i s azs r `h; }� p@r E1111t 01� @r tlhfo('�) < s r,,�3 r:� hr`x'? h 'x Y �, Apartments, Base f @e ' , ' ak, iz, y a;o err ?� �G� .h" 5 3✓ s mot"` '� '' `� F 1 z r s z r a Penalty �Ther�els a 1Q ©'�.,pena�ity onyan�r�,uslnes$ operation in the Ci Hof Ar�adla �Ir #thout a valid license , x , I DECLARE, UNDER PENALTY OF PERJURY, THAT THE INFORMATION IN THIS APPLICATION IS TRUE AND CORRECT. JUN 1,9 7 Date: Signature of Owner or Representative: Q @m(d A. Parker ere Turer A €Oad RETURN ENTIRE APPLICATION FORM TO ABOVE P.O.'BOX AND MAKE CHECK PAYABLE TO THE CITY OF ARCADIA