HomeMy WebLinkAboutAgenda Bill 3.D 03/21/2011A ge*ic.�v It #.
DATE:
TO:
FROM:
March 21, 2011
Honorable Mayor and Members of the City Council through City Manager
Pamela Tuft, Interim Director, Department of Water Resources and'Conser&ke�
SUBJECT: Resolution Approving tbe,Proposed SmartYard .Program Budget; Approving the
Purchase of'200 Residential Smart IfrigAtion Controllers for New Smart-Yard.
Program; Approving a SmartYard Sole Source Declaration; and, Authorizing the
City Manager to Sign the Professional' Service Agreement and all other related
documents for the SmartYard Program
It -is recommended' that the City Council approve the .proposed ,SmartYard program budget; adopt
the attached Re.solution.Aiithorizing Purchase ,, bf 200 Residential Smart Irrigation Controllers
'for the new SmartYard. 'Program; approve a - SmartYArd: SoleuSburce Declaration; and, authorize
the City Manager to sign the Professional ServiceAgreehient and all other related documents for
the SmartYard program.
BACKGROUND
The City of Petaluma Department of Water Resources and Conservation proposes to launch a
,new water conservation pilot program. The SmartYard pilot program will target 200 single
- 6mily - residential 1customers who have consistently had',ti6r four consumption and.offer to
,provide these customers with new weather-based -Smart irrigation controllers. 'The controller
Will be installedat residence With no upfront -cost to: the :customer and is anticipated to save
approximately 28 acre feet;(9,J million gallons) of water annually.with a.wholesale cost of over
$16 based ,on. the City's current cost of purchasing water from the Sonom-ar County Water
Agency.. The cost of each controller will be offset. by a monthly program fee placed on the
participanVs The Smart controller is anticipated to save each customer enough water
to offset. the cost of the program fee on their bill. The SmartYard program will initially cost the
City $262,707. This cost will be recovered within five years through avoided fixed City costs
(avoided fixed costs include the 'Cost of operating and maintaining.the water distribution system
for 28 acre feet per year.) and through a program feeplaced on program - monthly
water bill. Western Municipal Water District (W6stem:Riverside County,.) implemented a similar
type program in April' of,20fO with over 650 participants resulting in a 29% average water
savings.
Agenda A
Review:
City Attorney
Review:
Finance Director City Managei - I
9 -
This program-. is to the program model discussed in the City's existing Water
Conservation Plan, chapter six, page 6 -1.1, where a third party finances the purchase of water
conserving fixtures for City of Petaluma water customers and places a fee on the customers'
water bill which pays for the cost of the water conserving fixtures and associated program costs.
The goal of the program is to provide water conserving fixtures to customers with no upfront
costs. In the -case of SmartYard, the City of Petaluma will finance the program and there will be
no third party financier. The SmartYard program will ":act as a pilot program for the program
model discussed in the Water Conservation Plan. Similar programsthroughout the US are
labeled as "Pay As You Save (PAYS) ". Pending the results of`the'SmartYard :program, the City
will explore program expansion by,.adding other water.saving fixtures such as high efficiency
toilets and clothes washers to the program.
DISCUSSION
The Petaluma SmartYard' Program .can deliver water use effieiency,results with a minimum of
behavioral change by users. Smart : irrigation controllers use satellite technology to automatically
generate an irrigation schedule'based on "several factors 'including:plant type, soil type, and
current,locallweather conditions. The irrigation schedule is updated4aily as weather conditions
change al lowing for appropriate amounts. of water to be applied to the landscape without
customer interaction. This.Proposal Js based on previous success. and demonstrated results from
existingCityof Petaluma'Smart controller projects.
The City of Petaluma will be installing WeatherTrak'Smart ET Plus controllers, manufactured by
Hydropoint Data Systems (Hydropoint) a local Petaluma Company. The City of Petaluma has
already installed 73 WeatherTrak residential models ast a project in 2007 and 59 WeatherTrak
commercial -to various' City parks and facilities. The°City.of Petaluma has seen water
savings of 32%.(1.8 MGN) with the existing residential WeatherTrak controller programs and is
anticipating, realizing similar sayings with theSmartYardprogram. The SmartYardprogram will
be a program piloting the idea of providing water saving technology.at no upfront cost to the
customer while having the customer pay , thee.City back through the water bill.
This program benefits the City by creating -a predictable revenue recovery (fixed finance fee
placed on the water bill) for a five year period and reduces consumption by an estimated 28
AF/Year. This.benefts the customer by reducing their'fier three and tier four consumption levels
as well as providing an affordable solution to new water saving, technology. The program
anticipates utilizing the recuperated funds to perpetuate the SmartYard prograrn for "future
program participants. The City will evaluate. program.results after one year determine when
and if program expansion is'warranted.
Properties that subscribe to; the- SmartYard program that change ownership will have the
controller recorded as part of the property and will be transferred to the new property owner..
This will be part ofthe initial program requirements for each participant.
The Department of:Water Resources and Conservation has selected Hydropoint Data Systems
(Hydropoint) to provide enhanced program services based on the fact they are the manufacturer
of the WeatherTrak Smart controller and are the only manufacturers of this technology with an
2
existing turnkey SmartYard program. The City sole sourced this equipment, with approval from
City Council, for the previous two Smart Controller projects and is requesting a sole source
declaration again with Hydropoint Data.Systems for the SmartYard program based on the below
criteria:
Hydropoint is the only manufacturer of this,technologywho scored 100% on the Irrigation
Association's testing protocols for Smart Water Application Technology (SWAT). SWAT
testing evaluation is conducted by creating a,six -zone virtual landscape subjected to real -time
climate through monitoring of a selected weather station to evaluate.the ability of individual
"smart" controllers to adequately and efficiently irrigate that landscape. After initial
programming and calibration, the controller is expected to perform without further
intervention during the-test period. Performance results indicate to what degree the controller
maintained'root.zone moistures levels within an acceptable range. Since the goal of this
program is water conservation, the criteria for scoring 100 % .in all testing protocols was the
most important factor in determining the, controller technology and manufacturer. Below is a
summary of test results:
■. 22 total SWAT reports (22 products)
Only -9 are AT
versions
• Ofthose 9 residential versions - 6 have less than 1 %. / 0 % (perfect) scores,
including AquaConserve (100 /13) ; CyberRain (1 Hunter Solar Sync
(100/20.2), Alex Tronix Smart Module (99.9/5.6), Raindrip WeatherSmart Pro
(1'.00 /1:8.6) Weathe- fMatic ( 100 /2.3);,one�residential product company is out of
business (Water Qptimizer)
• Of the 9 SWAT tested residential products only 3 .have perfect test scores, all
WeatherTRAK technology (Hydropoint, Toro, Irritrol) .
• On the;SWAT website there are r4 smart controller case study reports. Of those
case studies used as background 3 of 4 (75 %) used WeatherTRAK
technology (Santa Bafbara,. Irvine, Boulder). One case study described
A.quaConserve (Seattle) and described that water bills went up in 40% of
sites).
• Reports may be viewed at av +u. ire• i_ gatic� »ass()ciEtt °ai.rca.;e- studies
® Hydropoint manufactures the WeatherTrak controller ,and ;provides
services as described in the attached Exhibit A - Services.
® No other manufacturer of this technology offers this product along with this .type of managed
program with =marketiing, subcontractor management, installation, customer service
(including & customized website for Petaluma customers) and local .factory sup_ port for field
related issues.
The other companies offering th is type of product who scored 100 on the SWAT testing .
protocols were Toro Company and Irritrol. Both of these companies utilize the WeatherTrak
controller technology;mahufactured by Hydropoint in their product, meaning that Hydropoint
Data.Systems manufactures the sells it to "Toro and Irritrol who then place their
name on the product. No other company offers a customer service center open 6 days per
week (English and' Spanish) specifically for their Smart controller customers and no other
irrigation manufacturer offers a customized website for Petaluma customers for the
SmartYard program.
The City of Petaluma has sole sourced Hydropoint based on IA testing protocol scores and
proven water savings for two programs in the City of Petaluma. Maintaining product
consistency benefits the City'by allowing the City to get a top of the line product_ at' the best
possible price (bulk discount. pricing), as well .as allowing City staff to have extensive product
knowledge and experience which benefits Petaluma customers.
Hydropoint will provide the below enhanced services as part of the,SmartYard program: This
added benefit will take much of the customer service aspect off of City staff. Hydropoint will
provide the following program components as part of the SmartYard program:
® Program marketing
• Project management
• Installation scheduling
• Controller installation
® Landscape and irrigation system
audit.
• Controller
• Follow -up site visit to each
participant
• Customer service (toll free #)
• Petaluma SmartYard Website
4
FINANCIAL IMPACTS
Funding for the SmartYard project will come from the Water Conservation budget and include
the initial cost of the Smart controller„ an irrigation and -landscape audit, controller programming
and installation, controller signal fees for 5 years and a post: installation visit. The estimated cost
of the program is $262,707. The cost of the;program will be recuperated though the ; program fee
placed on each participant's water as well as through avoided fixed costs. The below table
summarizes the program costs and potential water and dollar. savings.
`�` ..
_ �.
Annuals vin s /Cmtomer ( CCF
60
a
The table'.shows that the target` customer is any residential customer:using 30 CCF' or more per
billing period. Typically sixty percent of this water (18 cef)' is outdoor use for these customers:
Estimating that the SmartYard program will result in a.28 %o outdoor;water use savings,, aaotal of
over "5 CCF per month can be potentially saved per customer. This translates into $28 per month
for`ihis customer. The City will charge a'$15.00program fee resulting in a net savings to the
customer of $1.3 per month or $784 in five years. With 200 customers participating, the City will
save 28 AF /year resulting in at avoided f xe& cost of supplying water of over $83,000.00 in five
years: The program fee collection and avoided fixed costs will result in the City recuperating
$263,197 in five years.
After the five year period has ended, the program fee will be removed from the water bill and the
customer will lie. responsible for paying the monthly signal fee, which is anticipated to be $5:00
per month and is predicted to increase after the five year period by 3 -5 % (CPI) every five years.
PROGRAM BUDGET SUMMARY
Expenses
Hardware:
WeatherTrak Controllers — 200 x $355 $71;048
Wireless Rain Sensors'— 200 x $51,9 -4 $10
Controller Antennae — 200 x $17.43 $ 3,486
Hardware Grand Total $97,482
Enhanced Program Services $165,225
:Expenses "Total $262,707
Revenue:
Program fee = $15 x 60 months x 200 participants = $180;000,00
Avoided Flied Costs $ 83,196.98
Revenue Total $263,196.98
Program cost includes all of the following:
Hardware:
® '200 ET Plus 6, 9 or 12 station WeatherTrak controllers
• 200 wireless jrain shut -off sensors
• 200 contoller Antennae
Freight and Taxes-.
Enhanced Program Services
• Site landscape and °irrigaiion.system audit
• Controller installation
• Five years of signal fees per controller
• Program /project management.
• Program worksheet and controller programming management
• Contractor.and' customer training
• Ongoing customer: service
• Marketing, campaign to drive program participadon'and adoption, including:
• Website enhancements
• Hosted events
• DVD
• Webinars
:o Direct mail
o Telesales
Proposition 84 Chapter 2 integrated- ;Regional Water'1Vlanagement (IRWM). Grant Program,
administered by-the State Department of Water Resources, provides funding for projects that
help local public agencies -meet long term wate rneeds of the state. Grant funding will be
available in October 2011 and will' contribute approximately $200 per controller towards the
SmartYard program.
1]
ATTACHMENTS
1. Resolution Approving the proposed iSmartYard. Program. Budget ; Authorizing the
Purchase. of` 200 Residential Smart Irrigation Controllers -for New SmartYard Program;
Approving a SmartYard Sole Souce Declaration; and, Authorizing the City Manager to
sign the Professional Service Agreement and all other related documents for the
SinartYard Program
2. Professional Services Agreement with Hydropoint Data Systems
3. Exhibit A - Services (Attachment to PSA — Consultant Scope of Services) .
4. Hydropoint Data Systems Quotation for Services and:Equipment
5. Sole. Source Form
7
Attachment I'
Resolution Approving The Proposed SmartYard Program Budget; Approving
The Purchase 'Of 200 Residential Smart. Irrigation Controllers For The New
SrnartYard Program: Approving a SmartYard Sole Source Declaration; And,
Authorizing:The "City Manager To Sign The Professional Service Agreement
And All Other Related Documents For' The: SmartYard Program.
WHEREAS, the City, of Petaluma operates an extensive water conservation program
with current sustained water savings of 365 acre feet annually and,
WHEREAS, the City of Petaluma's water conservation program has historically been
designed to improve the water use efficiency of its users; and,
WHEREAS, the City of Petaluma hired a Water Conservation Coordinator in 2006 and
began to .expand the program beyond the required BMPs; and,
WHEREAS,. the Water Demand and Supply Analysis: developed in support of the 2025
General Plan recommended a water conservation program that met the requirements of water
offset and was cost effective. The City Council directed a study the entire breadth of
water conservation measures,. not strictly those recognized by the CUWCC, with the caveat-that
any measure,selected must be feasible, cost effective, and attainable; and,
WHEREAS, the. Water, Conservation Plan was adopted by the City Council in 2008.and has
been develope&to supply 495 MG%Year and is comprised of 1'9 water conservation measures that
are feasible and attainable by the City; and,
WHEREAS, the City of Petaluma wishesAo continue ,developing innovative water conservation
programs to help citizens conserve water; and,
WHEREAS, the new 'SmartYard program will help high water users find a low cost solution io
conserving irrigation water help reduce tier three and tier four water'charges; and,
WHEREAS, the SmartYard program will be the first program of its kind in Sonoma County and,
will :act as ,the, City ofPetaluma's first Pay As You Save (PAYS) type program as outlined in the
City of'Petaluma's Water Conservation Plan; and,
WHEREAS, funditigcfor SmartYard Program for the City of Petaluma will :come from the
City of'Petaluma's Department of Water Resources and Conservation budget and will be
supplemented by Proposition 84 Grant funding it becomes available; and,
WHEREAS,.Smart Irrigation Controllers automatically calculate a scientifically- based irrigation
schedule.based on several factors, including plant type; soil type, and current weather conditions.
The irrigation schedule is updated daily as weather conditions •change..allowing for appropriate
amounts of water to be applied to the landscape. Smart Controllers have been proven to apply
25 -35% less water than conventional, non weather- based irrigation controllers; and,
Attachment 1
WHEREAS, the Irrigation Association has developed testing protocol for Smart Water
Application Technology (SWAT) that has identified the WeatherTrak ET Plus irrigation
controller, manufactured. by Hydropoint Data'Systems, a Petaluma company, as the only
controller with central control capability to have passed -the Smart Water Application
Technology (SWAT) Protocol with a score of 100 %; and,
WHEREAS, City Management recommends the sole source purchase and installation of the
WeatherTrak controller;
NOW, THEREFORE, BE IT RESOLVED,
1. The City Council approves the project budget in the amount of:$262,707;
2. That the City Council Thereby authorizes the purchase of 200 residential smart irrigation
controllers for new SmartYard program.
3. The City Council approves the sole source declaration;
4. The City Council authorizes the City Manager to ;sign the Professional Services
Agreement and all other related documents for the SmartYard Program.
Attachment 2
PROFESSIONAL SERVICES AGREEMENT
City of Petaluma Department of Water Resources and Conservation SmartYard Program
(Title of Project)
FY 2010/2011
Fund.96600
Exp. Acct: #67206
Project#54130
Amount $131,353.5
For nuilti-year contracts or contracts
with multiple accounts:
FY 201,1/2012
Fund #4600
Exp. Acct. 4 67200
Project # 541.30
Amount $131,353.5
FY
Fund #
Exp. Acct, #
Pr6ject #
Amount'$_
FY_
Fund #
Exp. Am. #
Project4
Amount $_
FY
Fund.#
Exp. Acct. ft. _
Project
Amount
FY_
Fund*
Exp. Acct..# _
Project
Amount $
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is entered into: effective
as of 20 ("Effective Date"), by and between the City of"Petaluma, a
municipal corporation and a charter city ("City") and Hydropoint. Data Systems a Irrigation
Controller Manufacutled and Service Provider ( "Consultant") (collectively, the "Parties").
WHEREAS:,, the Parties enter into this Agreement for the purpose of 'Consultant, providing
professional services 'to City under the terms and conditions Set forth herein.
THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Par
agree as follows
I Services: Consultant .shall' provide the, services as, described in and in accordance with
the ischeddle set forth in . Exhibit "A?' attached hereto and incorporated herein
("Services").
2. Compensation; Business.-Tax Certificate.
A. - For the full performance of the Services as described herein, City shall-
compensate Consultant under the following terms: Time. and materials not to
exceed: stated amount.
B. Consultant shAlt 'submit detailed monthly invoices reflecting all ;services
-performed during the vreceding month, and including a revised Schedule for
.performance and additional documentation requested by,City, as applicable.
C'. Consultant: shall be compensated for services in addition to, those, described in=
'!Exhibit A,. only if Consultant and City execute a writteh,,dmendrrient. to this
Agreement describing the additional services to be performed and the
compensation to'be paid for su-ch,services.. In no case shall the total" compensation
under this Agreement exceed $262,707.00 without prior written authorization of
the City Manager. Further, no compensation fora section or work program
component attached with a,specific budget shall be exceeded without prior written
authorization. of the City Manager.
D. Notwithstanding any provision herein, Consultant shall not be paid any
n
compensatio until such time . as Consultant has on file with the City Finance
Department current information requested on the "Vendor Information" form
PROFESSIONAL SERVICESAGREEMENT (City)
(iManap #569321) April 2010
11C
available from City; and. has obtained a currently 'valid Petaluma business tax
certificate.
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of'the Se "rvices pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term The term of this Agreement commences on the Effective Date, and terminates on
6 -307-201`2; unless sooner terminated in accordance% with Section 4. Upon :termination,
any and all of City's- documents or materials provided to Consultant and any and all of
the documents, or materials prepared for City or relating to the performance of the.
Services, :shall be delivered .to the City as soon as possible, but not later than fourteen
(14);day&after termination -of the Agreement.
4., Termination City may terminate -this Agreement without cause upon ten (10) days'
written notice. ,City may ;immediately .terminate or :susperid this Agreement for cause.
Cause for immediate termination or, suspension. shall'include, but not be limited to, any
breach 'of this Agreement by Consultant or Consultant's, bankruptcy or insolvency. Upon
receipt 'of notice of termination or suspension for cause, 'Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreemert by City. Consultant:.shall:be entitled' to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City-in accordance with the terms and conditions ,of this agreement. If City terminates
this Agreeipent"for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. C'onsultant's Pepri. sentation;,_-indenendent Contractor Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as ,a material inducement to enter into this Agreement.
Consultant shall-therefore, properly.sklled professional,and technical, personnel
to perform, all Services under It is expressly understood 'that Consultant
d
an its agents and employees, act in an independent capacity and as an independent
contractor and.notas officers, femployeeS or agents of;City. This Agreement shall =not be
construed as an agreeir ent for employment.
6. +Faeilitiesi.an& Enuipinent .Consultant shall, at its sole cost and expense, furnish all
,facilities and equipment that may be required for furnishing Services pursuant _to. this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
.otherwise agrees in writing to provide'the same.
7. Licenses, "Permits, Etc., Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times dunng,'the term -'of this Agreement any licenses, permits of other such
approvals which:are legally "required for performing the> Services.
8. Time Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
PROFESSIONAL SERVICES AGREEMENT (City)
(iManag.9609321) April'2010
11
9; Inspection Consultant shall provide the'City every' reasonable opportunity to ascertain
that,the Services are being performed in accordance with the requirements. and intentions
of this Agreement. All work done and materials furnished if any, shall be subject to
`inspec " "tion and approval by the City. The inspection of such work shall° not relieve
Corisuliantof, anybf'its obligations pursuant to this Agreement.
10: Prot?ress Repor-ts Upon the ,City's request; Consultant shall provide, in a form
accept'abl'e to , City; written progress reports of all oral :and written observations, opinions,
recommendations; analyses, progress and conclusions related to Consultant's
performance ofthe'Serviees.
11. Confidentiality In;the:course of Consultant's employment, Consultantmayhave:access
to. trade secrets and2 confidential information, disclosure of which, is protected or limited
by law. Consultant:shalI not directly or indirectly disclose or use any such confidential
information, except as required for -the performance of the Services.
12. Conflict of Inreirest Consultant represents that it presently has no interest, and
covenants that it, shall not acquire any interest, director indirect, financial or otherwise
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this .Agreement, it
shall` not employ any, subcontractor or person having such a conflict of interest.
Consultant represents that .no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If,such conflict of interest arises during this
Agreement or any extension, Consultant'will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement: Certain Consultants are
subject to the requirements, including. the disclosure and reporting requirements, of the
City's Conflict of Interest„ Code adopted pursuant to the Political. Reform Act. " Such
Consultants the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action: on permits or -other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports,. or studies. Consultant agrees to comply
fully with all such requirements to the extent they , apply to Consultant's performance of
theServices.
13, Consultant No Agent ,Except as Citymay specify in writing, Consultant shall have no
authority, express or implied, ,to. `act on behalf of City in any capacity whatsoever as an
.agent:, .Consultant shall have n6 authority, express or;implied, pursuant to this Agreement
to'bindl�-'ity to any obligation whatsoever:
14. Standard :of .Performance Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All 'instruments of service of
whatsoever nature, which Consultant delivers to City pursuant. to this Agreement, shall be
prepared in :a substantial, first class. and workmanlike manner and iconfonn to the
standards. of Consultant's ; profession. All such_ instruments of service shall become 'the
sole and exclusive property of City upon delivery of the same.
15. Assignment/Transfer No assignment.or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
PROFESSIONAL SERVICES AGREEMENT (City)
(iMamp #649321) APHI 2010
12
16. Subcontractors Consultant shall directly perform all Services, and shall not subcontract
any port ion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to. comply, to the full extent ,applicable, with
the tennis and conditions of this Agreement, including but not limited to, procuring and.
maintaining, insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws Consultant shall fully comply with all applicable :local,
state and federal, rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder; including but not limited to the California Building
Standards Code, as in effectiin the Americans with Disabilities Act, and any laws
and regulatioris `relatedao any copyright patent; trademark: or other intellectual property,
right involved in performance of the Services.. Consultant's failure to comply with any -
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of ,this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and• regulations applicable to such fiscal assistance.
18. Living Wage .Ord nance Without limiting the foregoing Section 17, Consultant shall
comply full }� whh`the requirements of °Petaluma Municipal Code, Chapter 8.36, Living
Wage (the "Living; Wage Ordinance "), as the same may be amended from time to time.
Upon the City's request Consultant .shall promptly provide to the City documents and
information verifying C onsultanV& compliance with the requirements of the Living Wage
Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time. off
that are :required to be ,provided to them pursuant to the Living Wage Ordinance.
Consultant's noncompliance with the Living Wage Ordinance shall constitute cause for
City's termination of this Agreement pursuantto Section 4 hereof,
19: Discrimination =During the performance of .this Agreement, Consultant shall not
discritninatesagainst:any employee or applicantfor:ernploymentbccause of race, religion;
creed, color, national origin, ancestry, gender; sexual' orientation age or physical or
mental disab'ility'in violation of any applicable law.
20. Notice Except as otherwise specified, in this Agreement, all notices, to. be ,sent pursuant
io. Agreement shall be made in writing,: and sent to the Parties at their respective
addresses. specified'below or to such other address as a Party may designate by written
notice delivered `to the °other Party in accordance with =this .Section..A ll such notices shall
be sent by:
.(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered! mail, return receipt requested; in which -case notice shall be
deemed delivered on receipt if delivery is• confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
PROFESSIONAL SERVICES AGREEMENT(City)
(iM.wge' #609321) April 2010
13
(iv) facsimile transmission., in which case notice shall b.e deemed delivered upon
transmittal, provided that (q) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting ,the :accurate , transmission thereof Any notice ,given
by facsimile shall be considered to have been received on the. next business day if
it is received after 5:00 p.m. recipient's time or on :a nonbusiness day.
City: City Clerk
City-of
Post Office Box 6.1.
Petaluma, California 94953
Phone: (707) 778-436 * 0
Fax: (707)' =4554
Email: citycleikgci.petaluma.ca.us
And:
Phone: 707-778-4583
Fax: 707-11636_35
Email:' _rscherzinger@,ci.petlauma.ca. us
Consultant: Ben Slick
Hydropoint Data Systems
1720 Cog2oratefix
Petaluma CA 94954
Phone: 707-760m;96961
Fax: 707-769-79695
Email: bstidkAh
�y,dropoint.com
21. Ownership of Documen ts. All original,papers, documents, or computer material on disk
icrofilm and copies thereof, produced A&A or In re sult of this Agreement"shall;be the
property, of City and may not be used by Consultant withoutthe written consent of City.
Copies of such documents or papers shall not be disclosed to 'others without the written,
consent of the City Manager or his or her designated, representative.
22. Indemnification. To the maximum - extebt-Permitted by law, at* its Own
expense, indemnify, defend with ccounsel' acceptable to t he City, (which acceptance will
not be unreasonably withheld), and hold harmless. City - and its officers, officials,
employees;: and volunteem ("Indemnitees") from and against -any and all liability,
s
loss,. damage, claims,, . � uits.. actions, arbitrafion pro ceqdings, administrative proceedings,
regulatory proceedings,.civil penalties and fines, expenses and costs'.'(including, without
I I imitation, claims expenses,, attorney's f6es and costs and fees of litigation) (collectively,
"Liability") of every nature, whether actual, alleged or threatened, arising out of or in
connection with the Services or Consultant's failure to comply with any of the terms of
this Agreement, regardless of any fault or alleged fault of the Indemnitees.
PROFES I SIONAL SE RVICES AGREEMENT (City)
(Muagc #609321) April 2010
14
The Consultant's obligation toindemnfy, defend and hold hannless under this provision
shall not be excused: because of the Consultant's inabilityto evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within.30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding, has been extended by an
authorized representative of the City in writing. If the Consultant" fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition, has been made of the matter subject to tender, or
until the Consultant. accepts the tender,' whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's ,fees and costs and fees of litigation, ° ricurred by the City in filing
such responsive documents.
The Consultant waives. any and "all rights to express or implied indemnity against the
Indemnitees .concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this,
Agreement.
Notwithstanding thd, forcgoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's,duty to indemnify under this provision shall' not apply when to do; so would
be prohibited by California Civil Code Section 2782, as may be amended from time. to
time.
Notwithstanding the'= foregoing, to the extent that.the'Services include design.professional
services subject. to California Civil "Code Section 2782:8;; as imay be amended from time
to time, Consultant's duty to indemnify shall "only be to ,the maximum extent. permitted by
California Civil Code Section 2782.8.
23. Insurance Consultant shall comply with the "Insurance Requirements for Consultants"
in Ex -1 attached hereto and incorporated 'herein ° by reference. [Indicate attached
exh bh .e.g., "B -1, ., "B =2, " "B -3, " or "B -4. "}
24 1 . Amendment This :Agreement, mayt be amended' only by y written instrument executed
- by both Parties.
25. Litigation . If "litigation ensues, which pertains to the subject, matter of Consultant's
services hereunder;, Consultant, upon request from City, agrees to testify therein at a
reasonable;and customary fee.
26. Construction "This. Agreement is the product of negotiation and compromise on the ;part
of both Parties and that the Parties agree that, notwithstanding Civil Code 'Section 1654,
.any uncertainty in the Agreement shall not be construed ,against the drafter of the
Agreement.
PROFESSIONAL' SERVICES AGREEMENT (City)
(iMemp 0669321) April 2010
15
27, Governing Law, Venue. This Agreement shall be enforced, and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought . in, connection with this Agreement shall be venued in a court of competent
jurisdiction itithe County of Sonoma, State of California.
28. Nan - Waiver. The City's failure to enforce any provision of this Agreement or
waiver thereof in a particular instance shall not be construed as a general waiver of any
part.of such provision. The provision shall in full force and effect.
29. Severability. 'If any.term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by-a:--court,,ofcomvetent jurisdiction, the remaining provisions of
this Agreement shall continue in full force an&effect.
30. No Third Party Beneficiaries: The Parties do not intend to create, and nothing in this
Agreement,shall be construed to create any or right in any third party.
31. Mediation. The Parties agree to make a good-faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing Jitigation. The Patties
t he agree upon the mediator and shall divide the costs. of mediation equally.
32. Consultant's Books and Recordsi
A. Consultant shall maintain any and all ledgers, books of'.accounts, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, pr expenditures and disbursements charged to the City far
a minimum inimurn period of three , (3)` years or for any longer period required by law,
from the - ,datd , of final payment to Consultant pursuant , to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
perf6rmanceiinderlhis Ag . Agr eement -fora minimum period of three (3)'years or for
any longer period required by law, from the. date of termination or completion of
this Agreement.
C. Any records or documents required to be rnAintaftiedpursuant to this Agreement
shall be made :available for inspecti6 or audit, at ' any time: during reguj4rbusiriess
hours, upon written request by the City Manager, City Attorney, City Finance
Director, or, a designated representative of these officers. Copies of such
documents inspection City Hall
ments Shall' be provided to the City for n n at Petaluma
when it is�praetjcal to do so. Otherwise, unless an alternative is.-mittiAlly agreed
, upon, the records shall be available at Consultant's address indicated for .receipt
of notices in this Agreement. -
D. Where City has reason to believe that such records or documents may be lost or
discarded -due to dissolution, disbandment or termination of Consultant's
business, City may, , by written request 'by any of the above-named officers,
require that custody of the records be to the iCity and that the records and
documents be maintained in Petaluma, City Hall. Acces's to such records and
documents shall be' granted to any party authorized by Consultant, Consultant's
representatives, ior C onsultant's successor in interest.
PROFESSIONAL SERVICES AGREEMENT(City)
(iManage#609321) April 2010
16
1 33. . U21LInM.: The headings vs this Agreement are for convenience only and are not
iqtend4t6 dffect the interpretation or construction of any provisions herein.
34, an Si termina , x on of this Agreement
M�Jvgtj�- A or e pirati
jj objigatjons prising the
amid all provisions of this ,Agreement . all -�Lting 'ti ability between City and Consultant
shall oc
'Survivelheltefniination or expiration of this;A
gredInent.
.35, ELitire', AgrLemen This Agreement, including the exhibits attached hereto and
V!,
corpo meted hereinj constitutes, the entire agreement between the Parties with respect to
the, Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in,thisregard.
JU t •
yeartOlaliovewrittem,
-APPROVED AS TOTORYI:
, City After
D,OarbnenvDirector
Risk Manager.
Finance Director
- CONSULTANT
B
Name
Title
G4 -c l
City Suite zip
00
Taxpayer.I.D. Number
P�Wura' j3usmiin' Tix Certificate Number
PROFESSIONAL SERVICES AGREEMENT (City)
(im.v %D9321) April 201
17
Attachment 3
Exhibit A
Services
The Petaluma SmartYard program will be a collective effort between Consultant and City of
Petaluma resulting in a'minimum of 200 Petaluma water customers participating in the program.
The scope of services shall include the following:
• In conjunction with City of Petaluma staff, Consultant shall target and make contact with
high water use single family residential customers and offer the SmartYard program to
these customers. Contact shall. be made via letter and follow up phone call.
• 'Customers must have irrigated landscaping with at least 6 irrigation stations operated by
a remote control valve and an existing.irrigation controller.
• Customers must show historical consumption resulting in consistent tier 4 charges during
each billing period of any two irrigation seasons between 2009 and 2010. For the
purposes of this contract, an irrigation season is defined as April through October.
• Consultant shall provide project management which shall include product delivery,
scheduling, installation and programming, training and. performance verification.
Consultant shall also provide resources for issue resolution related to scheduling
conflicts, change orders and site specific controller or programming questions
encountered during the Program.
• Consultant shall provide weekly program reporting to City of Petaluma representative.
• Controller installation shall be completed in the same visit as site inspection as long as
the site meets standards required for proper installation. If, during the course of an audit,
findings disqualify the site from participating, Consultant shall forward this information
to both the customer and City of Petaluma. If subsequent repairs are made that are
proven to address and remedy the reasons for disqualification, Consultant shall re-
schedule an installation for the site.
• Controller installation shall be performed by a licensed C -27 landscape contractor(s).
• Consultant shall verify installations, and train those that need to operate the system,
including end - users, on product operation. Consultant shall also ensure that controllers
are programmed to conform to any watering restrictions.
• Consultant shall schedule and provide a customer follow up visit fifteen to thirty days
after installation.
• Audited sites shall receive written recommendations for irrigation system repairs or
improvements.
• Consultant shall provide a Project Management Plan prior to program start. Project
Management. Plan shall include but not be limited to project timelines, staffing
credentials, and reporting methods. .
• Consultant shall develop program specific marketing materials to support customer
awareness and education (with City of Petaluma participation and approvals).
• Consultant shall create outreach campaign(s) and assist. City of Petaluma with media
outreach.
Consultant shall establish a dedicated told free telephone number and manage inbound
customer calls and /or. emails.
® 'Consultant shall ensure customer signature on any relevant;terms & conditions, and to
forward these agreements to City of Petaluma.
• All installations shall include an out- processing report, including before and. after
pictures of controller installations, in order to document prograrn execution quality.
• Consultant shall manage scheduling of installations and follow up inspections.
• City of Petaluma may elect to provide electronic water usage information, through water
bill data to Consultant for analysis.,
• Consultant shall organize all program data into a standard spreadsheet. format for
program ;reporting.
• Consultant shall provide end of year report with pertinent project data including but riot,
limited to units installed, names and addresses .of customers served, irrigation stations
converted, number of follow -up visits conducted both on -site and via phone,call, units of
water saved,.to date, total project cost, labor hours expended, and all other data regarding
the project that may benefit the City of Petaluma.
System Support
Consultant shall also manage a�dedicated team of internal tech support specialists (BI-lingual in
English land Spanish) that are available by phone 6 .days a week to work with customers to
facilitate their success and inaximizc'the savings potential.
Training
Consultant shall provide a complete training program, for.its installers to ensure that all
controllers are installed and programmed for optimum operation.
Homeowner training shall be conducted by Consultant on -site following the controller
installation and activation. Training shall cover controller features including manual watering,
modifying program settings & adjustments, alerts, valve checking and troubleshooting as well as
how to Customer Service.
Computer Based Training (CBT) for programming the controller shall be available on the
Consultant Website.
Controller removal %Installation
Any and all electrical work performed by Consultantaand/or it's subcontractors shall be
performed in accordance with all current local and State electrical/building codes.
1) OLD CONTROLLER REMOVAL
a) Remove existing controllers and dispose as desired by customer.
b) Record program settings from old controller (days, times, starts, # of weekly runtime
minutes).
c) Conduct Ohm reading to identify "not connected" or "electrical shorts" prior to retrofit.
0
d) Label field wires before removing.
e) Shut off power to controller.
f) Remove old controllers off of wall / out of pedestal_.
g) Disconnect /cap or electrical for units that shall not be replaced with anew unit.
2) INSTALLATION AND WIRING
a) Physically install controller provided for project.
b) Install /mount controller per manufacturer's specifications.
c) Connect and secure electrical including grounding to local code.
d) Connect and secure 24v field wires.
e) Install rain sensors in sensible places that shall capture rain water effectively without
overhead interference and with receivers mounted outside of any metal enclosures.
Connect rain sensor wires to RS port on controller.
f) Run a valve test and troubleshoot wiring on any stations showing shorts or no- connects.
3) PROGRAMMING
a) Program controllers as per manufacturer's recommendations.
b) Complete Program Worksheet
i) Run each zone manually and walk site to complete Program Worksheet (provided
with each controller). Program worksheet is a simple punch list that allows users to
record zone by zone site data including:
(1) Plant type, soil, sprinkler, slope, sun exposure.
e) Program Set Up
i) Enter Set up information including:
(1) Date,, time, time -zone active stations.
d) Program Days and Times
i) Enter desired water day patterns, start times.and water windows to meet site needs.
e) Program Stations in Auto Mode
i) Program controller in Automated Mode by setting each station to Auto and then
entering data from Program Worksheets, plant, soil, sprinkler, slope, sun exposure,
precipitation rate and root depth optional for maximum water conservation.
NOTE: If new landscape is in place, those stations /zones should be programmed in User
Mode (Non ET Mode) fora period of time (15 -45 days) to establish roots before being
switched to Automated Mode. In this mode the user can set the desired run times.
fl Leave "copy" of worksheet with each controller and one copy with the customer.
g) Check Alerts
i) Go to Alerts screen and verify that no alerts are present / troubleshoot as needed..
h) Preview
i) Review each station in the Preview Screen for `reasonable' program times and days.
[I.
4) SERVICE ACTIVATION
a) Activate service to controllers by calling Hydropoint Customer Service.
CONTROLLER INSPECTION REPORTS (CIR)
Consultant shall conduct a 15 -point field review of each controller after installation and ensure
that each controller is optimized for each site. A Controller Inspection Report (CIR) shall be
provided which includes a review of each physical installation, verification that it was performed
correctly and up to code, a review of ET service status, validation that programming was
performed correctly, and that wiring issues (including detected shorts and "no connection" alerts)
are recorded. Notes of any irrigation system repairs shall also be recorded.
SITE DATA
Consultant shall record the installation data, customer address, customer name, phone number,
email address, water meter number, and square footages of turf and non -turf irrigated areas. Data
shall be provided to the City of Petaluma in an Microsoft Excel spreadsheet or Microsoft Access
database (or other approved method).
FOLLOW UP FIELD VISIT
Consultant shall schedule'and provide a customer follow up visit fifteen to thirty days after
installation. Follow up visit shall include an initial phone call or email to the customer addressing
landscape condition, overall satisfaction with the controller; any issues that may have arisen, and
any other questions or concerns that the customer may have. Consultant shall offer to physically
visit the site if customer requests further assistance. Consultant shall record all of the data
received during the follow up site visit and provide data to City via Microsoft Excel spreadsheet
or Microsoft Access database (or other approved method).
'L,�
Weather '
HydroPoint Data Systems, Inc.
1720 Corporate Circle
Petaluma, California 94954
(707) 769 -9696 voice / (707) 769 -9695 fax
Bill To
City of. Petaluma
On File
Ship To
Attachment 4.
roposal / uote
QUot Petaluma_SmartYard_12 -3 -10
Account Executive
Project,
Payment Terms
Quote Expiration Date
Ben Slick
SmartYard - :Retail -Phase 1
Net.30
12/24/2010
Quantity
Part #, ,; , ,_ ,,, ° fit,, Description d
Unit Cost ,
Total
. 200
WTPLS -12 -ID WeatherTRAK ET Plus Indoor 12 station
$
355.24
$ 71,048.00
200
WRS Wireless Rain Sensor
$
51.94
$ 10,388.00
200
ANT - Bowtie Bowtie antenna
$
17.43
$ 3,486.00
200
ETE- 912 -5Y 5 Yr Service - 9 & 12 ET plus
$
240.00
$ 48,000.00
Professional :Services!as described below:
200
Program / Project Management
$37
$ 7,400.00
Landscape 'Contractor Coordination
Program Worksheet and Controller Programming'Management
Training
200
Follow up Visit (1 per site, 15 - 30 days after installation)
$
71.43
$ 14,286.00
Contractor Installation
200
Residential 6,9, 12 station
$333
$ 66,600.00
1
Marketing Campaign drive program participation and adoption, includes:
$
28,939.10
$ 28,939.10
Website enhancements; hosted events, DVD, webinars, direct mail, and telesales
Estimated, Freight- Subject to Change
$ 3,900.00
Estimated Sales Tax (actual taxes will be billed.when invoiced)
$ 8,660.15
..3..262,707:26''
Applicable sales tax and actual freight charges.will.be billed upominvoicing.
01
Attachment 5
CITY OF PETALUMA CALIFORNIA
PROCUREMENT
SOLE - SOURCE JUSTIFICATION
DATE:
12 -7 - 10 DEPARTMENT
CONTACT David Iribarne TELEPHONE:
VENDOR: Hydropoint:Data Systems TELEPHONE:
WR &C
778 -459.1
800- 362 =8774
JUSTIFICATION
(Initial all entries.that'apply)
1. Amount of purchase does not exceed.currei t dollar amount required for formal bidding.
2 Vendor is the original equipment manufacturer; there are no regional distributors.
3 The parts /equipment are not interchangeable with.similar parts of another manufacturer_.
X_ 4 This is the only equipment that meets the specialized needs of the department and
performs intended function:
x_ 5 Detailed justification is available which establishes beyond doubt that the Vendor in the
only source practicably available to provide the items or service. required.
I recommend that competitive procurement be waived, and that the equipment,and/or
supplies on the attached Procurement Request be purchased as a Sole Source.
Signed:
Requestbr
Approvals:
Purchasing Officer:
Date:
Date:
a�
CITY OF PETALV A, CALIFORNIA
. PROCUREMENT
SOLE SOURCE JUSTIFICATION
The Department of Water Resources and Conservation has selected.Hydropoint Data
Systems (Hydropoint) to provide enhanced program services based on the fact they are
the manufacturer of the WeatherTrak Smart controller and are the only manufacturer of
this technology with an existing turnkey SmartYard program. The City- sourced this
equipment, with approval from .City Council, for the previous two Smart Controller
projects and is requesting a sole source declaration again with Hydropoint Data Systems
for the SmartYard program based on the below criteria:
Hydropoint is the. only company that manufactures this. technology who scored 100 %
on the Irrigation Association's testing protocols for.:Smart Water Application-
Technology (SWAT). SWAT testing evaluation is conducted by creating a six -zone
virtual landscape subjected to real -time climate through monitoring of a selected
weather station to evaluate the ability of individual "smart" controllers to adequately
and efficiently irrigate that landscape. After initial programming and calibration, the
controller is expected to perforn without further intervention - during the test period.
Performance results indicate to what degree the controller maintained root zone
moistures levels within an acceptable range. Since the goal of this program is water
conservation, the, criteria for scoring 1 :00% in all testing protocols was the most
important " factor in determining the controller;technology and manufacturer. Below is
a summary of test results:
® 22 total SWAT reports (22 products) .
®
Only '9 are residential versions
Of those 9 residential versions - 6 have Tess- than 100% / 0% (perfect)
scores, including AquaConserve (100/1:3), CyberRain (.100/20.5),
Hunter Solar. Sync (10.0 /20.2), Alex Tronix Smart Module (99:9/5.6),
Raindrip WeatherSmart Pro 000/18.6;), WeatherMatic (100/2.3); one
residential product company is out of business. (Water Optimizer)
® Of the' 9 SWAT tested residential products, only 3 have perfect test
scores, all WeatherTRAKtechnology ( HydroPoint, Toro, Irritrol)
On the SWAT website there are 4 smart controller case study reports.
Of those case studies used as background 3 of 4 (75 %) used
WcatherTRAK technology (Santa Barbara, Irvine, Boulder). One case
study described AquaCorserve (Seattle) and described that water bills
went up in 40 % of sites).
® Go to www. to view reports.
® Hydropoint not only manufactures the WeatherTrak controller, but also provides
enhanced program services as described in the attached Exhibit A - Services.
�4
CITY OF PETALUMA, CALIFORNIA
.PROCUREMENT
SOLE SOURCE JUSTIFICATION
• No other manufacturer of this technology offers this product along with this type of
managed program with marketing, subcontractor management, installation, customer
service (including a customized website for Petaluma customers) and local factory
support for field related issues.
The other companies offering this type of product who scored 100% on the SWAT
testing protocols were Toro Company and Imtrol. Both of these companies utilize the
WeatherTrak controller technology from Hydropoint in their product, meaning that
Hydropoint Data Systems manufactures the controller and sells, it to Toro and 1f ritrol
who then place their name on the product. No other company offers a customer
service center open 6 days per week (English and Spanish) specifically for their Smart
controller.customers and no other irrigation manufacturer offers a customized website
for Petaluma customers for the SmartYard.program.
The City of Petaluma has sole sourced Hydropoint based on IA testing protocol scores
and proven water savings for two previous programs in the City of PetalUrna.
Maintaining product consistency benefits the City by allowing the City to get a top of the
line product at the best possible price (bulk discount pricing) , as well as allowing City
staff to have extensive product knowledge and experience which benefits Petaluma
customers.
�6