HomeMy WebLinkAbout25E - AGMT - WATER MAPPINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 7, 2015
TITLE:
AGREEMENT WITH !WATER, INC., FOR
DIGITAL WATER MAPPING AND SUPPORT
SERVICES (NON GENERAL FUND)
(STRATEGIC PLAN NO. 6, 1, C)
/ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with iWater, Inc.,
subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide
digital water system mapping and support services for a three -year period expiring March 31,
2018, with provisions for one two -year renewal option exercisable by the City Manager and City
Attorney, in an amount not to exceed $421,000 annually.
Approval of this recommended action will allow the Water Resources Division to continue its
efforts in improving the City's digital water mapping system. City maintenance crews and water
operations engineering staff use this digital system to respond quickly to emergencies; collect,
store, and retrieve data; and to facilitate routine maintenance on water infrastructure assets in a
paperless environment. In addition, users are able to view water data via the Public Works
Agency Geographic Information System (GIS), facilitating data sharing and records research by
other City agencies.
On June 1, 2009, the City Council awarded a contract to iWater, Inc., for digital water mapping
services, computer hardware configuration and installation, professional on -call services, and
system service support of infraMAP software. iWater, Inc., is the creator and developer of
infraMAP software and is solely licensed, supported, and maintained by iWater, Inc. The
infraMAP software is used for field data collection activities by over 400 agencies worldwide. For
the City, the infraMAP field data collection system is the foundation for water and sewer system
asset management.
In subsequent Council actions, the iWater, Inc., services were enhanced in November 2013 to
include Global Positioning System (GPS) data collection, and in February 2014 to include large
water meter vault location and data collection, among other service improvements. This new
agreement expands upon the scope of work to include GIS mapping updates, continual software
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Agreement with iWater, Inc., for
Digital Water Mapping and Support Services
April 7, 2015
Page 2
and hardware maintenance and support, cloud -based systems integration with deployment of the
infraMAP now application, and on -site geo- database support.
The services and support provided by this new agreement will greatly enhance the existing field
collection data system and improve back office staff capabilities by leveraging existing data
systems for use with new cloud -based systems. These enhanced services will also significantly
improve the quality and accuracy of Water Resources digital infrastructure maps; improve field
data collection capabilities; and expand upon existing data by including recent infrastructure
improvements. Additionally, the Water Resources Division will have improved access to
information during normal and emergency working environments.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 Community Facilities &
Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City
assets), Strategy C (invest resources and technology to extend the service life of existing
infrastructure to protect the City's investment and support a high quality of life standard).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds will be budgeted in Fiscal Year 2015/16 and subsequent fiscal years in the Water
Administration and Engineering Fund (Account No. 06017645- 62300).
1 V`
/Frqd Mousavipour
Executive Director
Public Works Agency
FM /NS /RR
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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CONSULTANT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND IWATER, INC.
THIS AGREEMENT, made and entered into this — day of , 2015, by and
between iWater, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California (hereinafter "City "),
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
digital water mapping. The Water Resources Division has been working to
continually enhance the digital water mapping system, This digital mapping system
enables city maintenance crews and water engineering staff to respond quickly to
emergencies, collect, store, and retrieve data as well as facilitate routine maintenance
on water infrastructure assets in a paperless environment. The water system
information becomes readily available during field maintenance activities through
this system. In addition, all users of the system will be able to view water data via the
Public Works Agency Geographic Information System (GIS). This data sharing will
facilitate record research by other agencies with the City of Santa Ana.
B. Consultant represents that Consultant is able and willing to provide such scheduled and
on call services to the City.
C, On June 1, 2009, the City entered into a contract with Consultant for digital water
mapping services, computer hardware configuration and installation, professional on-
call services and system service support of infraMAP software.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, h1 consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows;
1. SCOPE OF SERVICES
Consultant shall provide digital water mapping, including GIS mapping updates,
continual software and hardware maintenance and support, cloud based systems integration, and
on -site goo- database support. The scope of services is attached hereto as Exhibit A and is
incorporated by this reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in a hard copy and produced in a form
EXHBIIT 1
1
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compatible with City's computer system, as agreed between the City's Project Manager and
Consultant,
In regard to material produced as a deliverable under the Agreement, including, but not
limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs,
Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that the authors of all such material, whether copyrighted or not, award to the
City, and to its officers, agents and employees acting within the scope of their official duties, as a
condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license
throughout the world to disclose, publish, translate, reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the
rates and charges identified in Exhibit A attached hereto and incorporated herein by this
reference. The total sum to be expended under this Agreement shall not exceed $421,000.00
annually during the Term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate
approximately three (3) years from said commencement date on March 31, 2018, or upon the
depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier
in accordance with provisions below. The term of this Agreement may be extended for one two -
year renewal option upon a writing executed by the City Manager and the City Attorney for the
City.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Cormnercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
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property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the
City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b)
be primary and not contributory with respect to insurance or self - insurance programs maintained
by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident,
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim,
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Stich termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from
and against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a claim; collectively, claims), which may arise from or in any manner related
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(directly or indirectly) to any work performed or services provided under this Agreement
(including, without Iimitation, defects in workmanship and /or materials) or Consultant's
presence or activities conducted performing the work (including the negligent and/or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing
herein shall be construed to require Consultant to indemnify the indemnified parties from any
claim arising from the sole negligence or willful misconduct of the indemnified parties. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by the Consultant.
8, CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and /or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfiil
possession. of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City,
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Facsimile: 714-647-6956
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Copies to: Public Works Agency— Executive Director
City Hall -- Ross Annex — 0' Floor
20 Civic Center Plaza (M -21)
Santa Ana, California 92702
Facsimile: 714- 647 -5622
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile: 714- 647 -6515
To Consultant: iWater, Inc
Attn: Don Rhodes
18 Goodyear, Suite 100
Irvine, California 92618
Facsimile: 949 -768 -4155
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above, If sent by facsimile, communication shall be effective or deemed to
have been given twenty -four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
1.1. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
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shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions;
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the 'property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in cormection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the tends of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn,
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
City
Ryan O.
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director - PWA
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CONSULTANT:
iWater, Inc.
DON RHODES
Owner
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EHIBIT A
SCOPE OF SERVICES
(Attached)
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Exhibit A
1. Software Support: $78,000/ year, $6,500 /month
This category includes assistance with and support of infraMAP software and ancillary software
currently owned and maintained by the City. The City currently owns 50 licenses of infraMAP
Field; upgrading of these licenses to the cloud based infraMAP NOW is included. Support
includes unlimited telephone, online support, and up to eight hours each week of onsite training
of infraMAP software, All configuration files, MXD documents, batch files and document
management strategies will be provided as needed and Included in the monthly support fee.
Software supported includes:
• 50 total licenses of infraMAP Field or infraMAP NOW
• Microsoft MapPolnt, Microsoft Server Sql Server express, Microsoft Share Point,
Microsoft Sql Server.
• Symantec Backup Exec 2014 Server Windows per server bundle UG License express
band Essential.
• Symantec Backup exec 2014 Agent forVM Ware and Hyper -V Windows per host Server
Bundle standard license express band S Essential.
2. Equipment Support: Up to $125,000/ year
This category includes assistance with and support of all iWater /InfraMAP hardware owned and
maintained by the City. Any hardware used with infraMAP /GIS project software will be
supported. This will Include both warranty and non - warranty Items up to the value of the
contract. Support for all Water/infraMAP hardware will be billed per occurrence at applicable
labor rates and material costs. All work orders shall be approved by city prior to performing
work. Support of warranty items is covered under terms of warranty and at no additional cost.
Hardware supported includes:
• 35 Field crew laptops and tablet computers
• All mounts, power supplies and external GPS receivers for the field computers
• Office docking stations for field computers
• Four servers that support and store water resources operational status data
Onsite Technical Support $150 /hr:
o !Water will provide a hardware technician for onsite work orders. This may include
hardware management, hardware updates or project specific programming.
Remote Technical Support. $75 /hr:
o !Water will have a hardware technician work on projects that can be completed at our
office and not required to be completed at the City facility.
18 Goodyear, Suite 100, Irvine, CA 92618
Telephone: (949) 768 -4549 Fax: (949) 768 -4155
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infraiRP
8a F I'0., H RE
3. GIS Services: Up to $96,000/ year
This category includes services to update, standardize and maintain water resources
geodatabases, databases and related tables utilized in the infraMAP environment. Includes
support for Water Recourses GIS configuration, Esri local government/ water models including,
and setup for various engineering and management needs. Combine databases into one
common data set to streamline workflows. All GIS support services will be billed at applicable
labor rates. All work orders shall be approved by City prior to performing work.
GIS Supported items include but not limited to:
• 513 Miles Water distribution system
• 463 Miles Sewer collection system
s 44,706 Water meter data including location details
• 6,168 Fire hydrant data for both city and private owned hydrants
• 3,000 Backflow devices
• Food establishment inspection; Fats, 011, Grease interface details
• Water production sites
Onsite GISZIT $150 /hr;
o (Water will provide a GIS /IT professional for onsite projects. This may include GIS /IT
management, updates or project specific programming,
Remote GIS /IT, $75 1hr;
o iWater will have a GIS /IT professional work on projects that can be completed at our
office and not required to be completed at the City facility.
4. Professional Services: Up to $122,000 / year
Onsite GIS Mapping Tech. $150 1hr:
o 1Water will provide a GIS mapping professional for onsite projects. This may Include
GIS /IT management, updates or project specific programming.
Remote GIS Mapping Tech. $75 /hr:
o iWater will have a GIS mapping professional work on projects that can be completed at
our office and not required to be completed at the City facility.
Field crew. $15D /hr:
o 1Water will provide a two man crew that has CA Department of Health Water
Distribution certificates to support the City field crews. All vehicles and equipment will
be provided by iWater for the specific project. Project information will be provided to
the city and updated within the city GIS database.
Meter /GPS crew, $75 /hr:
o iWater will provide a one man crew with CA DHS Water Distribution certificate to
support the City field crews. All vehicles and equipment will be provided by (Water.
Project Information will be providedto the City and updated in the City GIS database.
18 Goodyear, Suite 100, Irvine, CA 92618
Telephone: (949) 768 -4549 Fax: (949) 768 -4155
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