16-0830_ ELXSI, INC / CUES_Professional Services AgreementCITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of � p L) , 2016 ("Effective
Date") by and between the City of San Juan Capistrano, a muni6 al corporation organized and
operating under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and ELXSI Inc. dba Cues, a
Delaware corporation with its principal place of business at 3600 Rio Vista Avenue, Orlando, FL
32805 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Utility Inspection Software Installation and Start Up (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A-1" and "A-2".
Compensation.
a. Subject to the not -to -exceed amount specified herein, the City shall pay
for services described in the scope of work, in accordance with the Schedule of Charges set
forth in Exhibit "B". In no event shall the total amount paid for services described in Exhibit "A-1"
and rendered by Consultant exceed the sum of $16,030 plus sales tax for a total not to exceed
amount of $17,312.40.
b. Consultant shall be compensated for performance of the services
described in Exhibit "A-2" pursuant to the following marketing consideration:
i. Consultant shall be authorized to issue press releases and other
marketing documents related to Consultant's performance of the Project ("Marketing
Documents"), subject to the advance written approval of City. The purpose and content of the
Marketing Documents shall be for the advertisement and promotion of Consultant's services
and shall be truthful and accurate as to Consultant's role on the Project, respectively. The cost
for development and implementation of any Marketing Documents shall be at the sole expense
of the Consultant. Consultant's authorization to utilize the City's trademarks and Project in its
61147.02100\24547270.1
Marketing Documents shall be deemed terminated following the earlier of the effective date of
termination of this Agreement by City for cause or within three (3) years of expiration or
termination of this Agreement. In the event City does not approve of any Marketing Documents
presented by Consultant, City shall provide the basis for disapproval and Consultant shall revise
the Marketing Documents to address City's concerns and resubmit them to City for approval.
C. The compensation set forth herein is to cover all printing and related
costs, and the City will not pay any additional fees for printing expenses. Periodic payment shall
be made within 30 days of receipt of an invoice which includes a detailed description of the work
performed. Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within one (1) year
following the Effective Date of this agreement. The Notice to Proceed shall set forth the
date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
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7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant.
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
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(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
for the following:
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liabil
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
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liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
Professional Liability (Errors and Omissions) NOT REQUIRED
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
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Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
Qualifying Insurers
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(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
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payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part ,of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Em2loyment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
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undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. RESERVED.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment.
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization.
Consultant shall assign Joe Purtell as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
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21. Notice.
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Mike Marquis, Utilities Department
and shall be effective upon receipt thereof.
22. Third tarty Ricahts
CONSULTANT:
ELXSI INC. DBA CUES
3600 Rio Vista Avenue
Orlando, Florida 32805
Attn: Joe Purtell
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any parties which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
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This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non -Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
31. Counterparts
This contract may be executed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ELXSI INC. DBA CUES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN
By:
0
ATTEST:
By:
ty Clerk
APPROVED AS TO FORM:
By:
i �n�ey
ELXSI INC. DBA CUES
By:
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61147.02100124547270.1
Joe Purtell
Software Division Director
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CUES, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Benjamin Siegel
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
CUES, INC.
By:
J Purtell
oftware Division Director
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EXHIBIT A
Scope of Services
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_`tea:"_ -T_
'�tb76
�R Granite
Customization Example (not in client production yet)
Hydrant Inspections
Linear assets (structures
featured on GIS maps)
can easily be managed
y by GraniteNet
GAM
Software recommended for the city of San Juan Capistrano includes the following:
GraniteNet office Software License
Used primarily by engineers and supervisors, the Office Edition allows CCN inspection records to
be edited and changed upon subsequent review. This edition has the ability to generate reports,
allow users to modify inspections and observations gathered in the field, synchronize inspections,
capture images from playback, and view mapped data.
GraniteNet SSRI Interface Module
Developed by CUES as a registered business partner with ESRI, this optional module for
GraniteNet allows users to be able to point and click on an asset from within the GraniteNet
integrated map. After clicking on the asset, the asset and inspection panes are automatically
populated with the asset's attribute information. The operator may initiate an inspection by
simply selecting the asset on the map and right -clicking. The GraniteNet ESRI Interface also
provides the ability to create a new asset in the field. The system is able to collect, store, display,
manipulate and analyze data, and then link the information to the ESRI ArcGIS map file. The
software provides a chronological record of every inspection completed on the asset.
Page 4 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
Exhibit A-1
GraniteNet ESRI Import Module
This optional module for GraniteNet provides a bi-directional interface between ESRI ARCGIS 10.X
and the GraniteNet software. This module enables GIS features to be imported directly into
GraniteNet where they can be used to verify and validate the location of utility assets.
Import Implementation - Professional Services
This implementation includes configuration, documentation, and training with the city's office
staff by a CUES software division GIS consultant in accordance with the unique business
requirements of the city of San Juan Capistrano. CUES will work with Operations personnel to
define the goals and then define and document the standard operating procedures.
GraniteNet Office Software Support Plan
Superior technical support provided by a high caliber team of experts that includes on-going
software maintenance release updates available online for download including the latest technical
documentation and at no additional charge. Professional telephone support is available Monday
through Friday 8:00 AM — 5:00 PM EST as well as remote online technical support. Access to
online support services including FAQs, the CUES knowledge base, user forums and downloads
is available through the Granite web portal.
Page 5 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
July 22, 2016
Mike Marquis, P.E.
Associate Civil Engineer
City of San Juan Capistrano
Phone: (949) 443-6326
MMarquis@sanjuancapistrano.oro
RE: GraniteNet Software Quote
Mr. Marquis:
Thank you for the opportunity to present GraniteNet, our latest, most sophisticated and flexible
inspection software to date. We understand that you are looking to GraniteNet in order to take
advantage of some of the additional features for the project with Municipal Underground Services.
Many of our customers prefer a software solution that is built to fit their own unique needs such
as having a basic user interface that allows for quicker learning of the software, GIS integration,
task assignment and customization, SQL/SQL Express and Oracle database options, the data -
mining power to complete the job at hand, and more. GraniteNet allows for this, and then some.
GraniteNet is a complete software solution for managing the condition of virtually any type of
asset. It helps users schedule inspections and review the condition of assets. GraniteNet helps
people control the overall process of inspecting and then assessing virtually any type of asset or
infrastructure.
The software has a powerful database architecture with the unique ability to customize inspection
forms based on each user's own requirements because it offers:
• Security layers that allow you to decide who accesses and controls the data.
• Screen layouts and configurations that are controlled by a central administration
console.
• Different users and groups can have different screens available to them based on their
logins.
• Customized forms with specific data entry fields can be added or hidden within any
screen or "pane" in the software.
• Specific fields can be set as mandatory with the ability to set custom formulas against
any field to perform secondary, consequential analysis upon such as a score value.
• GIS Maps with specific layers can be utilized throughout GraniteNet's different inspection
types to maintain a unified GIS work flow.
Page 1 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
Exhibit A-2
GraniteNet allows users to configure their own work flow processes based on the types of
assignments or work that their people do. For example, those who are responsible for Cleaning
and Jetting sewer lines can be given assignments in GraniteNet specific to their work function,
while those who inspect fire hydrants can be given a completely different looking user interface
with specific forms in their assignments - yet all the data is aggregated in a central location and
unified across the organization. When a group of assignments is completed, the organization can
see that an overall project or "Task" has been completed. It is easy to measure how much
progress it is making against an overall goal. Because of the software's ability to support any
kind of assignment whether it be manhole inspections, lift stations, light poles, catch basins,
culverts, signage, etc., progress can be tracked at a more granular level to understand efficiency
and identify bottlenecks.
CUES is interested in supporting the City of San Juan Capistrano in providing customized forms
for its additional types of inspection types. In fact CUES has deployed GraniteNet on new
Microsoft Surface Pro portable tablets for specific types of inspections needed by its client. In an
effort to promote the versatility of our product, CUES will be willing to provide professional
services at no charge to assist the city in creating an inspection form specific to its needs in
exchange for the ability to issue a press release and, or other marketing documents approved in
advance by the city for CUES marketing purposes. If this is not possible, CUES can provide
assistance to a city software developer(s) to make customizations at the code level or CUES will
be happy to create a Time & Materials estimate for the city to fund the specific modifications it
requires.
§ Granite
GraniteNet can.......
Hydrants
L
7
Smoke Tests
t or
Valves Lift Stations
Grease Traps
Handle virtually any type of work task so that it can be
scheduled and assigned to people so that an overall asset
management program can be administered across multiple
departments with different equipment_
Page 2 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
Manycustom
Reports too
Granite
completely difrerentcodes and rules Customization Example
DOT Culverts
Granite
Harr•Cdk"SA&r.Kl idrnmrrAiOft MWNAP
rtawyw
Page 3 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
Granite
Customization Example
Cross Bore Gas Line Inspections
Gas iorrm as.rr; I.rwti.,. n N bri tar
designed for
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Gas company's —. -- • .
_
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to document
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literals
_
Manycustom
Reports too
Granite
completely difrerentcodes and rules Customization Example
DOT Culverts
Granite
Harr•Cdk"SA&r.Kl idrnmrrAiOft MWNAP
rtawyw
Page 3 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out -of -scope work being performed by Consultant. This is a time -
and -materials contract.
14
61147.02100\24547270.1
*** Taxes not included ***
Terms: Net 30
FOB: Destination
Delivery: As Required
This quote is valid for 60 days.
We look forward to deploying these strategic solutions as soon as possible and assisting the city
of San Juan Capistrano in reaching their goals. Please contact me with any questions,
comments, or concerns.
Sincerely,
Jay Freeman
ifreema n(d)cuesinc.com
Office: (800) 327-7791 x222
Mobile: (407) 340-1004
Skype: freeman.jay93
Page 6 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
Exhibit B
GraniteNet Software & Services for the city
Part #
of San Juan Capistrano
Price
Qty.
Cost
GN904
GraniteNet Office
$1,250
1
$1,125
GN521
GraniteNet ESRI Mapview Interface Module
$6,995
1
$5,945
Arc Engine Run Time (One time cost for
license purchase, annual maintenance
GX527
payable to Arc, not CUES)
$900
1
$900
GN523
GraniteNet ESRI Import Module
$2,005
1
$1,804
GN576
ESRllmplementation
$4,500
1
$4,500
2 days installation and training
$703
2
$1,406
Subtotal for GraniteNet
Software
$15,680
GN538
GraniteNet Annual Office Support Plan
$350
1
$350
Grand Total
$16,030
Additional Details:
This quote will provision the city of San Juan Capistrano with 1 Office package.
0ptianal Modules (would apply against the Inspection License
and would be inherited by the Office Licenses of no additional
charge)
GN512
Lateral Module
$2,950
1
$2,950
GN509
LACP Module
$0
1
$0
GN511
Node Module
$2,950
1
$2,950
GN508
MACP Module 502513
$0
1
$0
*** Taxes not included ***
Terms: Net 30
FOB: Destination
Delivery: As Required
This quote is valid for 60 days.
We look forward to deploying these strategic solutions as soon as possible and assisting the city
of San Juan Capistrano in reaching their goals. Please contact me with any questions,
comments, or concerns.
Sincerely,
Jay Freeman
ifreema n(d)cuesinc.com
Office: (800) 327-7791 x222
Mobile: (407) 340-1004
Skype: freeman.jay93
Page 6 of 6 San Juan Capistrano CA GraniteNet Software Quote 07/22/2016
Exhibit B