HomeMy WebLinkAboutAGENDA REPORT 2011 0518 CC REG ITEM 10H ITEM 1=
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MOORPARK CITY COUNCIL.:__
AGENDA REPORT �cTlo�
TO: The Honorable City Council
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FROM: Jeremy Laurentowski,
Landscape/Parks Maintenance Superintendent
DATE: May 10, 2011 (CC Meeting of May 18, 2011)
SUBJECT: Consider Replacement of Forty-four (44) Existing Irrigation
Controllers with WeatherTRAK ET Pro2 Irrigation
Controllers; Award of Sole Source Product and Installation
Contract to HydroPoint Data Systems, Inc.; and Resolution
Amending the Fiscal Year 2010/11 Budget
BACKGROUND
The City of Moorpark has been faced with stringent water-use requirements and
increasing water rates. In 2009, the Department of Water Resources (DWR) initiated
its 20x2020 statewide Water Conservation Plan in response to the State of California
Assembly Bill 32 (AB32), which mandates a 20% reduction in irrigation water use by
the year 2020. Per City Council directive and a mandate by the Metropolitan Water
District of Southern California (MWD), the City of Moorpark has been required to
immediately reduce water use by 15% citywide. In addition, water rates continue to
rise and according to MWD, water rates will increase 6% annually over the next ten
years. In response, it is likely that the Ventura County Water District (VCWD) will
transfer these rate increases directly to its end users. In February, 2010 the VCWD
Board increased water rates by 16% and a 12% rate increase and tier allocation
adjustment was recently approved by the Board in April, 2011. It is clear that
accelerated water conservation measures are necessary to curtail the direct fiscal
impact on the City's operating budget, to comply with current State regulations and to
protect this resource.
In July, 2010, staff initiated a 120-day pilot program with three major irrigation system
manufacturers: Calsense, the Rain Bird Corporation (Maxicom) and HydroPoint Data
Systems, Inc. (WeatherTRAK). The purpose of the pilot program was to determine
which irrigation water management system would manage the City's water the most
efficiently. Staff determined that the HydroPoint Data Systems, Inc. water
management system and WeatherTRAK field controllers performed the best during
the pilot program. The WeatherTRAK field controllers received daily weather
messages with local evapotranspiration (ETo) data from HydroPoint's climate center.
This weather data was used in an algorithm programmed into the system software to
create daily irrigation schedules for each landscape zone and automatically set and
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adjusted irrigation schedules without any staff interaction. The Hydropoint system
was able to determine the amount of water to apply to each individual hydrozone
based solely on environmental factors, such as plant and soil types, percentage of
grade and root watering depth, virtually eliminating irrigation runoff. The other
systems tested utilized traditional manual scheduling practices and were not capable
of providing this function. Staff determined that HydroPoint Data Systems, Inc. is a
sole source for this product.
On April 20, 2011, the City Council approved staffs recommendation to replace sixty-
eight (68) existing irrigation controllers with WeatherTRAK ET Prot controllers in two
phases over a two year period at selected Landscape Maintenance Districts (LMD's)
and City Parks. The locations and controllers selected for replacement were based
primarily on potential water savings and the ability to recover the initial installation
and purchase costs within a reasonable time period. Staff determined that fifty-one
(51) irrigation controllers in phase I and seventeen (17) irrigation controllers in phase
II would benefit from the WeatherTRAK technology and recover the City's initial
investment in less than 8 years based on a 15% reduction in irrigation water use. In
addition, the City Council authorized staff to solicit a sole source product and
installation contract with HydroPoint Data Systems, Inc. for the replacement of fifty-
one (51) existing irrigation controllers with WeatherTRAK ET Pro2 Irrigation
Controllers. A summary follows:
Phase I: (FY 2010/11) includes a total of fifty-one (51) controllers at several LMD
Zones: 2, 5, 10, 12, 15 and 22; and two (2) City parks: Mammoth Highlands Park
and Peach Hill Park. The total cost for Phase I follows:
Hardware and installation, subscription fees, 10% contingency: $449,038
Additional staff/consultant or over time (approx. 8 hours/week ): $18,003
Total Phase I: $467,041
Phase II: (FY 2011/12) includes a total of seventeen (17) controllers at several City
parks: Glenwood Park, Tierra Rejada Park, Country Wood Park, Virginia Colony
Park, Campus Park, Poindexter Park, Mountain Meadows Park, Miller Park, Campus
Canyon Park and College View Park. The total cost for Phase II follows:
Hardware and installation, subscription fees, 10% contingency: $182,403
Additional staff/consultant or over time (approx. 2 hours/week ): $6,001
Total Phase II $188,404
Total Phase I and Phase II $649,440
DISCUSSION
Prior to the preparation of bid documents, staff assisted HydroPoint Systems, Inc.
with a detailed site and equipment survey of the irrigation equipment that needed to
be replaced at each of the fifty-one sites in Phase I. During this investigation, staff
discovered that the as-built irrigation plans for Zone 15 (Championship Drive) that
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were utilized to determine the initial cost summary were inaccurate. These plans
identified the installation of master valves and flow meters at each of the seven (7)
controller locations. However, staff was only able to field verify one location where
the equipment was installed in its entirety, and two locations where only a master
valve was installed. These devices are necessary to shut down the irrigation system
when the flow meter senses a high flow reading, such as a mainline break, stuck
valve or broken irrigation head. In addition, staff did not anticipate having to replace
the controller enclosures within Zone 15 at this time, as this system was installed
within the last five years. However, the existing enclosures are all severely rusted
and it is staffs opinion that they should be replaced to protect the new irrigation
controllers from the weather. In addition, all seven controllers in Zone 15 rely on
solar power and need a moist free environment to house the electrical components
and battery power source.
Staff also determined that several existing controllers initially proposed for
replacement had limited water savings potential due to the type of the vegetation
they irrigated and the overall size of the landscape areas. It is staffs opinion that one
(1) controller in Zone 22 (Moorpark Highlands) and four (4) controllers located in
Zone 12 (Spring and Miller) should not be replaced at this time due to the fact that
the cost recovery would exceed fifteen years.
HydroPoint Systems, Inc. solicited bid proposals to perform the work and the
following three cost proposals were received (see Attachment 3 — WeatherTRAK
Professional Services RFP):
Contractor Bid Price
• Gothic Landscape $178,850.00
• Valley Crest Landscape $79,534.00
• Metro Landscape No bid was submitted
The lowest qualified bidder is Valley Crest Landscape. HydroPoint Systems, Inc.
shall place an agreed upon markup (20%) for construction management services.
They shall be responsible for overseeing all phases of construction, including
contractor management and installation verification and that the installation
contractors are licensed (C-27) by the State of CA to perform the work, and that they
are paid prevailing wage rates. A summary of costs per area follows:
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COST SUMMARY - PHASE I (FY 10/11)
Location Budget Bid Subscription Total Cost Difference
Fees Phasel
MAMMOTH HIGHLANDS PARK $15,807 $10,421 $450 $10,871 $5,386
PEACH HILL PARK $18,083 $12,241 $450 $12,691 $5,842
Sub-Total Phase 1 Parks $33,890 $22,662 $900 $23,562 $11,228
Z-10: TIERRA REJADA $59,207 $50,150 $1,350 $51,500 $9,057
Z-5: TIERRA REJADA $20,842 $15,241 $450 $15,691 $5,601
Z-2: TIERRA REJADA $59,673 $35,318 $900 $36,218 $24,355
Z-12: SPRING & MILLER $60,889 $35,656 $1,350 $37,006 $25,233
Z-15: CHAMPIONSHIP DRIVE $38,046 $59,285 $1,575 $60,860 -$21,239
Z-22. MPK HIGHLANDS $125,237 $87,080 $3,375 $90,455 $38,157
Sub-Total Phase I LMD $363,894 $282,730 $9,000 $291,730 $81,164
TOTAL PHASE I: $397,784 $305,392 $9,900 $315,292 $92,392
The total cost for Phase I is $315,292, $92,392 less than budgeted. However, as
discussed previously, additional irrigation equipment will be required in Zone 15 that
was not anticipated. The additional cost to complete Zone 15 is $21,239.
FISCAL IMPACT
Staff did not anticipate obtaining rebates from the Metropolitan Water District, Save-
A-Buck rebate program when this project was presented to City Council on April 20,
2011. The rebate program is based on the actual installation of the equipment and
the original deadline was scheduled for the end of April. However, staff was recently
informed that the Save-A-Buck rebate program will be extended until July 15, 2011.
The MWD program distributes cash rebates for selected water saving irrigation
equipment. HydroPoint Systems, Inc., specifically WeatherTRAK ET Pro2 controllers
qualify for this program. Staff has reserved the qualifying rebates and anticipates the
following returns:
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MWD SAVE-A-BUCK REBATE PROGRAM
Location Cost Rebate Cost with Rebate
MAMMOTH HIGHLANDS PARK $10,871 -$1,450 $9,421
PEACH HILL PARK $12,691 -$1,600 $11,091
Sub-Total Phase I Parks $23,562 -$3,050 $20,512
Z-10: TIERRA REJADA $51,500 -$1,725 $49,775
Z-5: TIERRA REJADA $15,691 -$875 $14,816
Z-2: TIERRA REJADA $36,218 -$2,175 $34,043
Z-12: SPRING & MILLER $37,006 -$3,150 $33,856
Z-15: CHAMPIONSHIP DRIVE $60,860 -$4,200 $56,660
Z-22. MPK HIGHLANDS $90,455 -$11,650 $78,805
Sub-Total Phase I LMD $291,730 -$23,775 $267,955
TOTAL PHASE I: $315,292 -$26,8251 $288,467
As previously discussed, the installation and equipment bid for Zone 15 was higher
than anticipated due to inaccurate inventory information of the existing irrigation
equipment. Staff is requesting an aggregate budget increase of $21,239 from the
Assessment District 15: 01-2 Toll Bros T4928 Fund (2315) to complete Phase I. This
budget increase will not impact the General Fund.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve the replacement of forty-four (44) existing irrigation controllers with
WeatherTRAK ET Pro2 controllers at various City parks and Landscape
Maintenance Districts; and
2. Award a Sole Source Product and Installation contract (Municipal Code Section
3.04.120) to HydroPoint Data Systems, Inc. and authorize City Manager to
execute a contract at a cost of $315,292 with approval for a contingency not to
exceed $31,529, subject to final language approval by the City Manager and City
Attorney; and
3. Adopt Resolution No. 2011-
Attachments:
1. Resolution No. 2011 -
2. Agreement with HydroPoint Data Systems, Inc.
3. WeatherTRAK Professional Services RFP (Valley Crest Bid)
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RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL
YEAR 2010/11 BUDGET TO ALLOCATE $21,239 FROM
THE ASSESSMENT DISTRICT 15: 01-2 TOLL BROS T4928
FUND (2315) FOR THE REPLACEMENT OF SEVEN (7)
IRRIGATION CONTROLLERS
WHEREAS, on June 16, 2010, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2010/11;
WHEREAS, on February 27, 2009 Governor Arnold Schwarzenegger issued
an Executive Order requesting all urban users to increase conservation efforts and
reduce water consumption by 20%. This requirement parallels the Department of
Water Resources and State of California Assembly Bill 32 (AB32), which mandates
Green House Gas (GHG) and Water Use Reductions by 2020; and
WHEREAS, on April 20, 2011 a staff report was presented to said Council
recommending the need to replace fifty-one (51) existing irrigation controllers in
several City parks and Landscape Maintenance Districts with WeatherTRAK ET Pro2
controllers in the amount of $467,041; and
WHEREAS, on the same staff report an aggregate budget increase of
$334,772 from various Landscape Maintenance District funds and $132,269 from the
General Fund (1000) reserve were approved to complete the purchase and
installation of all irrigation controllers in various locations; and
WHEREAS, a staff report has been presented to said Council recommending
the need to install various irrigation equipment at seven (7) controller locations in the
Landscape Maintenance District Zone 15 - Toll Brothers Track 4928; and
WHEREAS; a budget increase of $21,239 from the Assessment District 15:
01-2 Toll Bros T4928 Fund (2315) is required to complete the installation of seven (7)
irrigation controllers identified in the staff report; and
WHEREAS, Exhibit "A" hereof describes said budget amendment and its
resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment allocating $21,239 from the Assessment
District 15: 01-2 Toll Bros T4928 Fund (2315) for the purchase and installation of
seven (7) irrigation controllers in Landscape Maintenance District Zone 15 as more
particularly described in Exhibit "A" attached hereto is hereby approved.
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SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18'h day of May, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A— Budget Amendment
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EXHIBIT A
BUDGET AMENDMENT FOR
ASSESSMENT DISTRICT 15: 01-2 TOLL BROS T4928 FUND (2315)
FOR THE PURCHASE AND INSTALLATION OF IRRIGATION CONTROLLERS
FY2010/11
FUND ALLOCATION FROM:
FUND ACCOUNT AMOUNT
AD01-2 TOLL BROS T4928 2315-5500 $ 21,239.00
TOTAL $ 21,239.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Current Adjusted
Budget Unit/Account Number Budget Revision Budget
2315-7900-7905-9504 $ 45,897.00 $ 21,239.00 $ 67,136.00
Sub-Totall $ 45,897.00 1 $ 21,239.00 1 $ 67,136.00
Finance approval:
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ATTACHMENT 2
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
HYDROPOINT DATA SYSTEMS, INC., FOR LANDSCPE CONTRUCTION SERVICES
AT VARIOUS MOORPARK PARKS AND LANDSCAPE MAINTENANCE DISTRICTS
THIS AGREEMENT, is made and effective as of this day of
, 2011, between the City of Moorpark, a municipal corporation
("City") and HydroPoint Data Systems, Inc., a corporation ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for landscape construction services related to the
installation of forty-four (44) WeatherTRAK ET Pro2 controllers at various Moorpark
parks and landscape maintenance districts; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications and background to carry out the duties involved.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with Exhibit B, unless
this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide landscape
construction services, specifically as it pertains to the installation of forty-four (44)
WeatherTRAK ET Pro2 irrigation controllers at various Moorpark parks and landscape
maintenance districts, as set forth in Exhibit B: Contractor's Bid Proposal, which exhibit
is attached hereto and incorporated herein by this reference as though set forth in full.
Where said Scope of Services is modified by this Agreement, or in the event there is a
conflict between the provisions of said Scope of Services and this Agreement, the
language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B.
Contractor shall complete the tasks according to the schedule of performance which is
also set forth in Exhibit B.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B. Compensation shall not exceed the rates or total contract
value, Three Hundred Fifteen Thousand Two Hundred Ninety-One dollars
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($315,291.00), without the written authorization of the City Manager. Payment by City
to Contractor shall be as referred to Section 5 herein.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Ben Slick and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, based upon actual time
spent on the above tasks. This amount shall not exceed Three Hundred Fifteen
Thousand Two Hundred Ninety-One dollars ($315,291.00), for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager. Contractor shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Contractor at the time City's
written authorization is given to Contractor for the performance of said services. The
City Manager, if authorized by City Council, may approve additional work not to exceed
ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
City disputes any of Contractor's fees it shall give written notice to Contractor within
thirty (30) days of receipt of any disputed fees set forth on the invoice. Consultant shall
provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
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6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination
of the Agreement pursuant to this Section, the Contractor shall submit an invoice to the
City as referred to herein.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement or as duly extended in writing by the City Manager,
he/she shall forfeit and pay to the City of Moorpark, as liquidated damages, the sum of
Twenty-Five dollars ($25.00) per day for each calendar day the work, or portion thereof,
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remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this contract [Government Code Sec. 53069.85]. Progress payments made by
the City after the above specified completion date shall not constitute a waiver of
liquidated damages by the City.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City,
at the Contractor's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at Indemnitees'
option), indemnify, protect and hold harmless City and its project contractors, and
engineers, officers, agents, and employees ("Indemnitees") from and against any and all
claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs,
expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of
any kind or nature whatsoever, which may be sustained or suffered by or secured
against the Indemnitees arising out of or encountered in connection with this Agreement
or the performance of the work including, but not limited to, death of or bodily injury to
persons or damage to property, including property owned by or under the care and
custody of City, and for civil fines and penalties, that may arise from or be caused, in
whole or in part, by any negligent or other act or omission of Contractor, its officers,
agents, employees or subcontractors including but not limited to, liability arising from:
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a) Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractor;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of City under any provision of
this Agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and
where City's active negligence accounts for only a percentage of the liability involved,
the obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this
Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
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Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status or
gender of such person, except as provided in Section 12940 of the Government Code.
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The Contractor shall have responsibility for compliance with this Section [Labor Code
Sec. 1735].
15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed
in connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one-year time
period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
Page 7 of 15 114
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To: Robert Torre
HydroPoint Data Systems, Inc.
1720 Corporate Circle
Petaluma, CA 94954
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Contract Documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the State of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
Page 8 of 15 115
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
24. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
25. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by the City Manager.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in Section 8 for each and every day such performance is
late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City
and Contractor agree that this Agreement is subject to Government Code Section
53069.85 and that each party hereto is familiar with and understands the obligations of
said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of Exhibit B. In the event of conflict, the
requirements of the Agreement shall take precedence over those contained in Exhibit B.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
Page 9 of 15 116
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK HYDROPOINT DATA SYSTEMS, INC.
By: By:
Steven Kueny, City Manager Robert Torre, Senior Vice President
Attest:
Maureen Benson, City Clerk
Page 10 of 15 117
EXHIBIT A
Insurance
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds
available to City in excess of the limits and coverage required in this Agreement and
which is applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than one million dollars ($1,000,000) per occurrence for all covered losses and no
less than two million dollars ($2,000,000) general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
Page 11 of 15 118
3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contract shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Any such coverage provided under an umbrella liability policy shall include
a drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to City
for injury to employees of contractor, subcontractors, or others involved in the Work.
The scope of coverage provided is subject to the approval of city following receipt of
proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
Page 12 of 15 119
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Page 13 of 15 120
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. The insurance shall include but not be
limited to products and completed operations and discontinued operations, where
Page 14 of 15 121
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue, and is not intended by any party
or insured to be all-inclusive.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is
not the intent of City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City
shall determine the liability limit.
Page 15 of 15 122
EXHIBIT B
HydroPointt
Thursday, May 12", 2011
Mr.Jeremy Laurentowski
Superintendent,Landscape/Parks Maintenance
City of Moorpark,CA
Dear Jeremy;
Hydro Point Data Systems, Inc. is pleased to provide you with pricing for a turnkey implementation of
WeatherTRAK Central Irrigation Control system for select Parks, Medians and LMD's in the City of
Moorpark.
HydroPoint conducted a site walk to examine every controller,and created a bid package. We organized a
site walk on 5/4,and accompanied three licensed landscape contractors on a site walk in order to help them
prepare a bid for installation according to our Scope of Work. The vendors that walked the sites were
Gothic Landscape,Metro Landscape and Valley Crest Landscape Maintenance companies. The results of
the bids, per our installation Scope of Work were:
$178,850 from Gothic Landscape
• $ 79,534 from Valley Crest Landscape Maintenance
No Bid submitted from Metro Landscape
Based on a review of the bid submissions, we have selected Valley Crest as the lowest responsible bidder
on this project They will perform as our installation partner for the project. As pan of this bid,
I IydroPoint will supply the following:
44 Smart Water Manager controllers and appropriate enclosures
• 10 years of Subscription services,which includes 10 year warranty, Fechnical Support daily
weather updates, Internet portal, real time alerts, alarms and reports
• Rain Sensors(wired and wireless,based on configuration required
• Master Valves(2")& Flow Sensors(1 '/,")
• [so-Flow management devices(where needed)
• Labor necessary to project manage schedule and system commissioning
• Factory verification of controller programming
• Factory verification of flow sensor programming
• Training of City Staff
As part of this bid, Valley Crest will supply the following:
• Installation labor, with the understanding that the project is subject to prevailing wage laws
• Grounding rods and clamps
• GFCI (where needed)
Metal rain sensor enclosures
• Quick Pads
Valve boxes& Pea Gravel
• 14 gauge wire
• All other electrical and/or installation incidentals required to ensure all installations are up to
Oty electrical code.
Attached to this letter is a formal quotation,with our standard Terms and Conditions. A pricing summary
for a turnkey installation of forty four(44)WeatherTRAK Central Internet Management Smart Water
Manager controllers(including the pilot controller at Mammoth I lighlands Park) is outlined below:
H y droPoint
WeatberTRAK Solution Component Cost:
44 Weather FRAK Controller; $13.3,253
1 Year Subscription tier 44 controllers $9.900
10 Year Warranty for 44 controllers $22,880
19 Master Valves $7,151
19 Flow Sensors S8.509
2 Iso-Flow management devices $660
43 Rain Scn-ors $2.617
Sub Dotal -Materials $184,970
Turnkey Installation for 43 WeatherTRAK Controllers $95,441
14 Wall Mount. 19 Pedestal K I I Chassis
19 Pedestal
II Chassis
19 Master Valves
19 I low Sensors
2 Isol'low management dCX'ICCS
43 Rain Senors(wired and%%ireless models)
HydroPoint deployment services, including program validation $13.860
Sub Total-Installation $109,301
Project Sub Total
CA State Sales Fax(.8.25%applied to $154,193 taxable) $12,721
Shipping(all components listed above) $8,300
Grand Total for Turnkey Solution: $315,291
Here is a breakdown by Landscape Maintenance District:
Site Name Hardware ETE X-War P.M.. Install Tax Ship Total
MAMNiOlIf1116HI ANDS PARK $5.585 5450 $1.040 $630 $2456 $543 $166 $10.871
PPACII 1111.1 PARK $5,639 $450 $1.040 $630 54.135 $465 $332 $12 691
/-2 TIPRRA RFJADA $17.276 $900 $2.080 $1,260 $12.613 $1 425 $664 $36.216
/-S TILRRA RLIADA $6.111 $450 $1 040 $630 $6.624 $504 $332 $15 691
7.10 '1I[RRA RPIADA $22.352 $1.350 $3.120 $1,890 $19865 $1.927 $996 551,500
12 SPR1N(; MII.I Llt $16337 $1.350 $3.120 $1.890 $11.135 $1.348 $1 826 $37.006
Z-IS CHAMPIONSHIP DRIVI $30.055 $1.575 $3.640 $2.205 $19.744 $2.480 $1.162 560 860
7-22 MPKIiIGIIIANDS $48.835 $3.375 $7.800 $4.725 $18.869 $4.029 $2.822 $90455
$152.190 $9900 $22.880 $13.860 $95441 $12721 $8.300 $315.291
Attached,please find a quote for all materials with our standard terms and conditions. We look forward to
working with you on this project!
Best Regards,
Ben Slick
Vice President, Business Development
r.
WeatherTRAK'
Proposal Smart mgoon Mad6"041 Quote
HydroPoint Data Systems.Inc
1720 Corporate Circle Quote Moorpark-Phase 1-LMD
Petaluma.California 94954
(707)769-9696 voice 7(707)769-9695 fax
Bill To Ship To
City of Moorpark Valley Crest Landscapes
Account Executive Project Pa ment Terms Quote Expiration Date
Ben Slick-408.981.3616 Phase 1: Irrigation Controller Replacement Program Net 30 6/11/2011
Quantity Part M Description Unit Cost Total
2 WTPR02S G24-C WM E T Pro2S Central 24 Sation Powder Coated Was Mounl S 1 90060 S 3 801 20
7 WT PR02S.C.30-CWM LT Pro2S Central 30 Station Powder Coateo Wall Mo,.ni $ 2 16060 5 15 12420
1 WTPR02SG42-CWA1 ET Pro2S Central 42 Station Powder Coated Wall Mount $ 2 583 10 S 2 583 10
3 WTPR025-C-12 SWM ET Pro2S Central 12 Station Stainless Steel Wal Mount $ 1 84535 S 5 536 05
1 WTPR02S-018 SWM ET Pro2S Cenral 18 Station Stainless Steel Was Mount S 2 056 60 S 2 056 60
2 WTPR02S-C-t2.SPT E T Pro2S Central 12 Station Stainless Steel Pedearal $ 3 649 10 S 7 29820
1 W7PR02S-C-18 SPT ET Pro2S Central 18 Station Stainless Steel Pedeslai S 3 860 35 S 3 860 35
3 WTPR02&C,24.SPT E T Pro2S Central 24 Station Stainless Steel Pedestal $ 4 071 60 S 12 214 80
2 WTPRO25-C-3135PT E T Pro2S Central 30 Station Stainless Steel Pedestal $ 4 331 60 S 8 663 20
1 WTPR02S-C-42-SPT E T Pro2S Central 42 Station Stainless Steel Pedestal $ 4 754 10 $ 4 754 10
3 WI PR02S C 48-SPT FT Pro2S Central 48 Station Sia-Mess Steel Pedestal $ 4 965 35 S 14 896 05
1 WTPR02S-C,18-SPH E T Pro2S Central 18 Station Stainless Steel Pedestal S 3 00885 $ 3 OD8 85
2 WTPR02S C:4.SPH E T P,o2S Central 24 Station Sunless Steel Pedestal S 3 220 10 S 6 440 20
2 WT PR02S_036-SPH E T Pm2S Central 36 Station Sta,nless Steel Pedestal S 3.691 35 $ 7 382 70
1 WTPR02S.C.42-SPH ET Pro2S Central 42 Station Stainless Steel Pedestal $ 3 902 60 S 3 902 60
1 WT PR02SG48-SPH ET Pm2S Central 48 Station Stainless Steel Pedestal $ 4 11385 S 4 11385
2 WTPR025-C-30 CH4 ET P,o2S Central 30 Station Chass-s S 2 241 85 S 4,483 70
3 WTPR02S-G36-CH4 E T Pro2S Central 36 Station Chasse S 2 453 10 S 7 359 30
4 WT PR025-G42-CH4 ET Pro2S Central 42 Station Chass.s S 2 664 35 S 10 657 40
1 WTPR02S.C-48-CH4 E T Pro2S Central 45 Station Chassis S 2 87560 S 2 875 60
1 WT PR02S-G30-C.7 E T Pro2S Central 30 Station Chassis S 2 241 85 S 2 241 85
33 WT RS Rain Sensor-Wned Model S 44 85 S 1 480 05
11 WT.WRS Ram Sensor-WMeless Model s 103 35 $ 1.136 85
19 WT-MV 20UG-SNO 1 5'PVC Tee Model Flow Sensor S 376 35 S 7 15065
19 W1 FS_15Pp 15-PVC Tee Model F low Sensor $ 44785 S 8 509 15
2 lsoFlow lsoFlow Management device s 33000 S 615000
44 CIM-PR02C.12461Y Pro2Central E T Service-1 Year $ 22500 S 9 900 00
44 XT DWARR 10 Year extended warranty on Weather TRAK controllers S 52000 S 2288000
Proless.nnal Ser,nces as described below S 13 860 00
Program,Project Management
Landscape Contractor Coo,o.", n
Training
Program Womsneet And Conlroeer Programming Managemenr
Post Installation Ven6cation 8 Controller Inspen.on Repon
Contractor Installation Pedormena by Valley Crest Landscapes,Managed by HPDS S 95 440 80
Estimated F re.ght.Subject to Change S 8 300 00
Estimated Sales Tax(actual taxes will be billed*,r en invo.cea) S 12 721 00
S 315,292.40
Applicable sales tax and actual freight charges will be billed upon invoicing It you are tax exempt.please supply a tax exemption certificate
All orders are subject to HydroPoint's standard sales terms and conditions(see reverse)and order acceptance policy
By signing below,customer understands that this is a binding order and agrees to the terms and conditions attached.
Customer Date
125
ATTACHMENT
HydroPoint Data Systems Today's 5/6/2011
WeatherTRAK Professional Services RFP /Agreement Date
THIS SERVICE AGREEMENT(-Agreement-)is made between HydroPoint Data Systems.(herein referred to as-HPDS')and<Contractorn.(herein referred to as
'Contractor-) Contractor is to perform services at the property(.es)listed in Appendix A Such Property(ies)is/are owned by the City of Cupertino hereinafter referred
to as-Owner'
WHERE AS HPDS engages Contractor to perform services at the Property under the following terms and conditions All services performed pursuant to this
Agreement shall to in accordance with the terms and conditions set forth in this Agreement
RFP MUST BE RETURNED 111 1 5/6/171 IStart Date 05/15111 End Date 07131111
HydroPoint Information
Contact Chris Warfield Email cwarfieltl h tlro int com
Phone (800)3628774 ext 135 Fax (707)769-9695
Address 1720 Corporate Circle.Petaluma.CA 94954 Other Contact Info Rachel Ayala-(800)3628774 ext 146
Contractor Information
Company Valle Crest Landscape Maintenance Email sgoafrey0vall rest com
Contact Scott Godfrey Fax 805-642.6990
Phone 805-642-9300 Contractor Lic# 266211
Address 3275 E.Thousand Oaks Blvd#200 Other Contact Info List alternate contacts if available
Thousand Oaks,Ca 91362
ark H lands-805 797 2177 or Frank Annino-805 732 49
Scope See Detail Scope-page 4-for complete requirements)
Task J Off Labor,Equipment and Deliverables of Job
General Requirements
1 Review RF P.fill in bid,fill in schedule
2 Provide Insurance certificate naming Owner and HPDS as addl insured
Job Requirements
1 Fill out program worksheet.induding existing run time Schedule Leave copy with controller and send copy to HPDS
2 Label field wires and remove old controller(s)
3 Install WeatherTRAK controllers &connect 120v service and field wires
4 Activate WeatherTRAK Service call 800#with serial#and address
5 Pr ram WeatherTRAK controller(s)
6 Install and activate Wireless Ran Sensor(s)to controller Receiver must be mounted outside of metal enclosure
7 Additional construction as noted in Controller List
8 Phone ahead 24-72 his notification for each property prior to arrival
9 Schedule/status reporting to HydroPoint project manager
Pricing
City of Moorpark Install Items Unit Qty Unit Price Total Price
14 x Wall Mount ET Pro2 Smart Water Manager 14 $68600 $9,60400
18 x Stainless Steel Pedestal ET Pro2 Smart Water Manager 18 $1,101 00 $19,81800
11 x ET Pro2 Smart Water Manager Chassis retrofit into existing pedestal) 11 $646 00 S7,10600
43 x Wired&Wireless Rain Sensors 43 $15000 $6,45000
19 x Flow Sensors 19 $97300 518 487 00
19 x Master Valves 19 $951 00 $18,06900
TOTALS $79 534 00
Sales and Use Tax-Pricing quoted by Contractor is understood to include any and all applicable sales,excise,use,or other local taxes.
126
APPENDIX A
Controller List
Supplied By: Parts List Quantity Construction Install Special Needs(mounting,concrete
pads,new posts etc.)
H droPornt Data Systems Weather TRAK ET Pro2 SWM 14 Wall mount,locate all new wall mounts ate a level
M droPO nt Data Systems WeatherTRAK E T Pro2 SWM SS Pedestals 18 Top Entry to replace LeMeur Peds.Front entry for Solar
H droPoint Data Systems WeatherTRAK ET Pro2 Smart Water Manager Chassis 11 Retrofits into existing stainless steel peciestals
H droPoint Data Systems Superior Master Valve lobe style) 19 Standard 2'
H droPolnt Data Systems Data Industrial IR228 Flow Sensor 19 Standard t 5"
H droPoint Data Systems CST IsoFlow 300 8 relay 2 Used for two controllers sharing single FS 8 MV.need relay
H droPoint Data Systems Irritrol Wired Rain Sensor 33 To be mounted outside of any overhead cover
H droPOlnt Data Systems VIT Stainless Rain Sensor Guards 21 Install on Pedestals where appartate
H droPornt Data Systems Irr trol Wireless Sensor 10 To be mounted outside of any overhead cover
H droPoint Data Systems SmartLrnk Wireless Flow&Master Valve 2 O t onal may be required for flow&MV install
Installing Contractor Grounding Rod or Plate 43 You may use existing grounding rods if you make
a new connection
Installing Contractor Shielded.twisted pair cable Used for flow sensor installation
Installing Contractor DBY or DBR connectors Used for all below ground wire connections
Installing Contractor Miscellaneous wire Additional wire may be required to make
elecirlcal or field wire connections at the controller
InstallinQ Contractor Miscellaneous wire nuts.conduct. -boxes As needed for installation
Specific Installation Requirements
Install Flow Sensors followLng manufacturer's instructions and local code requirements Install sequence After water meter.Master valve then Flow Sensor
See second tab for flow sensor install detail,see third tab for flow sensor r master valve install schematic
All 120 VAC electrical connections must be made in junction boxes and all exposed wiring should be enGOSed in conduit
Controller set up.Activation.Programming and Learned Flow is the responsibility of the installing contractor HydroPOrnt will provide training for installers
HydroPO nt will provide wiring diagrams for installation of CST IsoFlow 300 and assist with set up as necessary
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DETAIL SCOPE OF WORK
INSTALL AND PROGRAMMING
REMOVAL
1)Record program settings from old controller(Days,times,starts)and send to HPOS contact
2)Conduct Ohm reading to identify NC or shorts prior to retrofit
'these should be fixed as possible.but if not repaired note that WeatherTRAK will handle lust like previous controller and may not water these zones'
3)Label field wires before removing
4)Shut off power to controller
5)Remove old controllers off of wall/out of pedestal
6)Cap electrical for units that will not be replaced With a new unit
7)Return each removed unit to property management office at each site at end of day
INSTALLATION
Contractor shall physically ground each controller with full length grounding rod,ground plate or(for interior locations only)attached to a cold
water ground,with minimum A6 bare copper wire.
8)Install/mount WeatherTRAK ET controller per manufacturer's specifications
9)Connect 120v service to meet local code requirements
10)Securely connect 24v field wires
11)As Specified-Install rain sensors in sensible places that will capture rain water effectively without overhead interference and with receivers mounted
outside of any metal enclosures Connect ran sensor wires to RS port on controller then activate the rain sensor per Toro nstruct,ons
12)FLOW SENSOR-If a flow sensors present or added.connect wires to terminals labeled FLOW
13)Run a valve test and troubleshoot wiring on any stations showing shorts or no connects
FLOW SENSOR&MASTER VALVE INSTALLATION
1)Survey site to determine best location to install Flow Sensor&Master Valve(Flow sensor&master valve supplied by HPDS)
2)Determine main line size to spec appropriate Flow Sensor&Master Valve Locate Water meter(s)and record meter number/location
3)Depressurize mainline
4)Excavate and cut man line.install Flow Sensor&Master Valve using best practices for location and installation&manufacturers instructions
5)Trench between controller and Flow Sensor&Master Valve for wire installation(wire to be supplied by installer)
6)Install appropriate valve box and backfill at Flow Sensor&Master Valve(valve box to be supplied by installer)
7)Connect Flow Sensor&Master Valve wires to correct terminals in ET Pro2 Smart Water Manager and validate operation
8)Backfill wire trench.restore landscape to original condition before site disruption
9)Complete Flow Commissioning worksheet and return to HPDS contact
PROGRAMMING
14)Complete Program Worksheet.leave copy with controiler and send copy to HPDS contact via fax or e-mail
a Run each zone manually and walk site to complete WeatherTRAK Program Worksheet(provided with each controller) Program worksheet is a simple
punch list that allows users to record zone by zone Site data induding.
b Spnnkler type.soil type.plant type.sun exposure and slope
15)Program Set Up
a Enter Set up information including
b Date.time.time-zone and max active stations
16)Program Days and Times
a Enter desired water day patterns.Start times and water windows to meet site needs
17)Program Stations in Auto Mode
a Program WeatherTRAK controller in Automated Mode by setting each station to Auto and then entering data from Program Worksheets.
b Spnnkler type.soil type.plant type Sun exposure and slope(precipitation rate and root depth are adjustable for maximum conservation)
NOTE:H new landscape is in place,those stations/zones should be programmed in User No ET Mode for a period of time(15-45 days)to
establish roots before being switched to Auto Mode.In User mode WeatherTRAK can be set for establishment run times just like an
ordinary controller.
18)Leave'copy'of worksheet with each controller and one copy with the site manager/customer
19)Set up Flow parameters where installed RUN Learned Flow and set up thresholds appropriately
19)Check Alerts
a Go to Alerts screen and verify that no alerts are present
b If Alerts are present troubleshoot/modify settings as needed or decide that Alert is acceptable
20)Preview
a View each stations program in the Preview Screen for'reasonable'program times and days Make adjustments
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SERVICE ACTIVATION
21)Activate service to controllers by calling WeatherTRAK Customer Service at(800)3628774 Please have ready
a serial number.customer name.Controller address (takes 7 10 minutes)
Terms and Conditions
1. General Provisions:All work shall be performed by irrigation maintenance technicians trained In the installation and service of irrigation equipment Contractor
shall use competent trained employees to perform Services and shall adequately supervise its employees All planned service work under this Agreement will be
performed during normal business hours All of the work performed by Contractor hereunder will be performed in a good and workmanlike manner All materials used
by Contractor shall conform to regularly accepted local industry standards Contractor shall further maintain any necessary local state.and federal licenses and permits
necessary to perform the work stated In this Agreement
Contractor to provide schedule for Installations Identifying scheduled dates of commencement and completion There shall be no changes to this schedule unless a
written Change Order is submitted to Operator(atin Chris Warfield) All laborers and workers.while on site shall act in a professional manner Contractor shall
controllprevent noise.including musk,use of offensive language.smoking or drinking of alcoholic beverages on site,physical violence
If Operator determines that any laborer needs to be removed due to his/her failure to comply with the terms of this provision contractor shall remove laborer from the
site immediately
Contractor small not use Owner dumpsters and/or trash receptacles for disposal of trash and/or debris generated by construction activities including but not limited to
parts.waste materials.packing containers,food wrappers.soda Cans and/or any other items brought to the site by the Contractor
All work shall be subject to tests and inspections at all reasonable times and at all places prior to acceptance
2. Sub Contractors Subcontracting is allowable A Subcontractor Is a person or entity who has a direct contract with the Contractor to perform a portion of the work
Contractor reserves the right to determine whether to use Subcontractors to perform the services called for In this Agreement Contractor shall be responsible for the
Subcontractor s performance in accordance with the terms of this Agreement
3. Insurance:Prior to work Contractor agrees to provide Operator with proof of General Liability Insurance Automotive Liability Insurance.Worker's Compensation
Insurance and any other insurance required by law or Owner.as specified In writing prior to commencement of work Contractor will furnish insurance with$1.000.000
limit of liability CERTIFICATE OF INSURANCE SENT TO:
HPDS- 1720 Corporate Circle.Petaluma CA 94954 Ann Chris Warfleld or a-ma led to cwartield @hydropolnt com or Faxed to 707 769-9695 for records
4. Additionally Insured: Contractor shall name OWNER 8 OPERATOR as additional insured OWNER.its affiliates.parent and subsidiary entitles,including without
bmltatlon.and any of OWNER subsidiaries and afiliates that may directly or indirectly own or manage the property at or for which CONTRACTOR performs any Work.
and their respective partners.managers.members.employees.oficers.directors.trustees.shareholders.counsel.representatives.agents.successors and assigns
('Additional Insureds')shall be named as additional insured's under the Commercial General Liability policy and the automobile policy
5. Communication:Contact from either party shall be responded to In a timely fashion defined as within one business day or sooner
Escalations:Contractor shall escalate and communicate schedule equipment.work.health and safety related Issues to the Operator contact as soon as possible
Additionally.Contactor shall notify local property contact immediately of any health or safety related accidents or Issues related to the work performed
Notification:Contractor shall call each site one to three business days In advance of starting work at a new site to announce arrival Contacts and numbers are
provided In this agreement
6. Access to Job:Operator shall work with property Owner to secure access to all parts of jobslte where Contractor is to perform work as required by the Contract or
other functions related thereto.during normal business hours and other reasonable periods of time
7. Damages:Contractor acknowledges that In the event It falls to achieve final completion by the scheduled date of completion(unless It is specifically related to acts
beyond contractor's control) falls to complete installation without workmanship defects.or In the event Operator suffers charges from any property damages caused by
contractor Operator reserves the right to back charge contractor for work performed by Operator or agent hired by Operator Damages would be limited to the amount
that Operator incurred or was charged to solve any related service or installation issues.after such notice was give to the contractor to remedy first Contractor shall
have 7 business days to remedy the damage or problem from the time Contractor receives written notification
Except as otherwise provided herein.Contractor will repair or replace any plant materials or equipment covered by this Agreement which is directly damaged by
Contractor In the course of performing its services under this Agreement Repair or replacement by the Contractor shall constitute Operator-s sole and exclusive
remedy.and is subject to timely notice and inspection by Contractor
8. Payment:Contractor will submit invoices for each site at Final Completion of sroped work Operator will remit payment to Contractor within 30 days of receiving
invoice from Contractor Operator may withhold/delay payment to Contractor on a property by property basis only it payment for each phase on that property is
delayed or withheld by Owner as the result of dispute related to failure of Contractor to delver on scope of deliverables for each phase as defined In this contract
Contractor may charge interest of 1 5%or$5 00.whichever is greater,per month or 18%per annum on past due accounts
Reimbursement:
Contractor shall not be entitled to additional reimbursement expenses outside of costs agreed to In this proposal without written authorization from Operator
9. Tools and Equipment Other than parts and supplies outlined In the Controller and Equipment List section of this agreement.Contractor is to furnish all required
tools and supplies to perform work as scoped in the agreement Operator will not provide reimbursement for such equipment outside of the agreed cost In this
agreement unless agreed to In writing In a change order or addendum to this contract See attached 'Recommended tools 8 Parts List" Any parts purchased by
HPDS will be deducted from final payment to Contractor
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10. Additional Services:Any additional work outside the scope of this agreement will be authorized and paid only upon wntten.signed change orders and will
become an extra charge over and above the estimate
11. Miscellaneous
A If at anytime.any term or provision of this Agreement shall be held invalid or unenforceable such clause or provision must first be modified to the extent necessary
to make the Agreement legal and enforceable The remaining terms and provisions of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law
B This Agreement shalt be construed and governed under the laws of the State of California
C All the previous oral and written promises and/or agreements relating to the services to be provided pursuant to this Agreement are hereby superseded This
Agreement contains the entire Agreement of the Parties regarding the subject matter hereof This Agreement may not be modified or amended except by a written
instrument executed by both parties hereto
D This Agreement shall be binding upon and insure to the benefit of Contractor and the Operator and their respective legal representatives successors and assigns If
one or more of the terms or provisions contained in this Agreement shall be for any reason held invalid illegal or unenforceable in any respect.
the invalidity.illegality.or unenforceabdity shall not affect any other term or provision of this Agreement
E Confidentiality The parties agree that the terms of this Agreement shall remain confidential
12. Contractor Disclaimer: This proposal was priced based upon a verbal representation and/or site visit and visual inspection It is recognized that the price quoted
for the work described.is the result of that verbal understanding and/or visual inspect-on and therefore Contractor will not be Fable for any additional costs or damages
for additional work that is required.but not described herein Contractor will not be held responsible for unknown or otherwise hidden defects
Acceptance of this Contract
Contractor agrees to perform the work stated on this Contract at rates and prices stated above Payment will be made in accordance with Term 98 HPDS reserves the right to withhold
payment in the event that work is not complete or in accordance with scope
Contractor Hydro Point Data Systems Inc
FAX: FAX- (707)769.9695
By By SVP of Finance
Signature / Tale Signature / Terre
Hobert Torre /
Pnnled Name / Date Date
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