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HomeMy WebLinkAbout2014-036 Contract - WonderWare PacWest Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: WonderWare PacWest ASHLAND CONTACT: Kevin Flieger 20 East Main Street Ashland, Oregon 97520 ADDRESS: 19909-120`" Ave. NE,Suite101 Bothell WA.98011 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 1-888-449-0494 DATE AGREEMENT PREPARED: 2/20/14 FAX: 1-888-942-4999 BEGINNING DATE: T.B.D COMPLETION DATE: 5-30-14 COMPENSATION: $16,501.95 per attached as exhibit C quotation and scope of work SERVICES TO BE PROVIDED: Install Smart Glance and InTouch software per attached as exhibit C quotation and scope of work ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense; perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,825 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to. Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 06/30/2013, Page 1 of 5 ' a. Mutual Consent. This contract maybe terminated at anytime by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the parry seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the parry giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF' Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services, Revised 06/30/2013, Page 2 of 5 ' e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies requiretl herein but only with respect to Consultant's services to be provided under this Contract. The, consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract,. the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Bynsulta~ ~ City of Ashland By <Y ua oo e_ Siignnaatu ~re Department Head ,-J3e 4~-~~d7i~ ~~op,07 ( e Fa4 4./ Print Name Print Name Is. Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2013, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following ~ccrit~eria: v® 1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. Commercial advertising or business cards or a trade association membership are purchased for the business. ~ „3) Telephone listing is used for the business separate from the personal residence listing. Labor or services are performed only pursuant to written contracts. abor or services are performed for two or more different persons within a period of one year. assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services, Revised 06/3012013, Page 4 of 5 xh E i6 rt c P6. Wonderware PacWest i n v e. n s' .y s' 19909 - 120th Ave NE, Suite 101 ® Bothell, WA 98011 Toll Free Phone: 888-44 449-0494 Mal -0494 Toll Free Fax: 888-942-4999 100! ~b I PacWest Quotation To: Steven Burkhalter From: Steve Parker Company: City of Ashland CC: Lynsey Voter Location: , OR Date: February 4, 2014 Phone: (541) 552-2347 Project: Smartglance & Services Email: burkhals@ashland.or.us Quotation: Q-20140120-10521 P/N Qty Description Unit Price Ext Price 01-2728 1 In Touch 2012R2 RT Read-only 60K Tag w/o $1,490.00 $1,490.00 I/O 10-7050 1 WCF - Add to Existing Agreement $247.00 $247.00 Prorated pricing (13 months) to add new Read Only license to existing WWCF Agreement #39216, expiring 01 March 2015. 55-00074 1 SmartGlance On-Premise Server, 5 device $8,745.00 $8,745.00 pack 10-7013 1 Customer First - SmartGlance On-Premise $1,690.00 $1,690.00 Server ***Does not apply to Cloud Hosted option, but required with On-Premise Annual Subscription. Prorated pricing (13 months) to add Smartglance licensing to existing WWCF Agreement #39216, expiring 01 March 2015. 99-0104 2 SmartGlance Services, Additional Day $1,930.00 $2,895.00 One day install server, one half day for MRC - Mobile Reporting Connector. 31-100D 1 On-Site Technical Services, Daily Rate $1,410.00 $1,410.00 Shipping 1 Shipping $24.95 $24.95 Minimum charge. Billed at actual if higher. 1 $16,5 1.95 Wonderware software is supported on Microsoft retail operating system versions only. Do not install the OEM versions of the operating system on the computer(s) that will be running Wonderware software End user's company name and street address is required for licensing purposes at time of order. We can receive your order via: FAX to (888) 942-4999 or email: orders Ccbwonderwareoacwest.com 2 ' P4~i 3af$~ The following Wonderware PacWest Terms & Conditions shall become a binding contract between seller and purchaser upon seller's acceptance of the purchase order. 1. Prices are in US Dollars. 2. Quotation is valid for 30 days from date of issue. 3. Quotation does not include any domestic/foreign taxes/ duties. 4. Tax status must be listed on customers purchase order. Tax exemption number must be on file - or applicable taxes will be added. 5. Payment Terms are Net 30 Days from Date of Invoice, upon credit approval. Late payments are subject to a late charge (1.5% of unpaid balance per month - as per Wonderware PacWest Credit Application). 6. F.O.B. is Bothell, WA. 7. Quotation does not include shipping and handling charges shipping charges will be Prepaid and Add. 8. Software delivery is 7-10 business days A.R.O. Hardware delivery is 8 wks. A.R.O. Delivery via ground transportation unless otherwise agreed upon. 9. 25% of Purchase order amount charge will be incurred if purchase order is cancelled prior to shipment. 10. Version Upgrades included in Wonderware's Customer FIRST Support and Upgrade programs apply to Wonderware software only. An additional fee may be required for other third party products. 11. Hardware warranty is one year parts and labor from date of shipment for operator interface products. Extended warranty may be available at additional cost. 12. User manuals are provided in electronic format only. 13. Wonderware product sales, except evaluation products, are final as of date of shipment. No Wonderware products shipped with evidence of a valid customer purchase order are eligible for refund' 14. Returned Material Authorization (RMA) issued by Wonderware PacWest Customer Service Department is required for all returns. 15. Items are not eligible for return after 30 days from date of invoice. 16. Non-Wonderware software returned items will incur a 25% restocking charge. 17. Non-Wonderware hardware returned items will incur a 35% restocking charge. 18. Special order items are non-returnable, non-refundable. 19. Lost or stolen software license incur replacement costs of 80% of the original cost. We suggest you insure them against theft, loss and damage' 20. Wonderware software is intended for installation and is supported on Microsoft Windows retail operating system versions only. Do not install the OEM versions of the operating system on the computer(s) that will be running Wonderware software'. 21. Prices are subject to change without notice. 22. All training products are to be pre-paid before the student attends the class. Those students that arrive for training without having paid for the class in advance, will be unable to attend the class. 'Per Wonderware End User License Agreement 3 {h~V G • pads yoFs i nve.n s.w s' a® YPOCUIL-st The list below contains all the devices and protocols supported by the Wonderware Device Integration license, included in all "InTouch with 10" and System Platform purchases. For additional protocols, we recommend and sell MatrikonOPC. Contact us today to find the right driver for your projectl General Protocols Siemens Devices/Protocols • OPC • TCP/IP with RFC1006 • WonderwareSuitelink • H1 Industrial Ethernet • DDE/FastDDE • PROFIBUS • MPI GE Devices/Protocols • Siemens S7-200/300/400/1200 • Series 90-30 • Series 90-70 Modicon Devices/Protocols • Series 90 Micro • TSX Quantum • VersaMax o 140 CPU 21304 Controller • VersaMax Micro o 140 NOE 77100 Ethernet TCP/IP • VersaMax Nano o 140 NOE 21100 Ethernet TCP/IP • PACSystems RX3i • TSX Momentum • PAC Systems RX7i o 170 ENT 11001 Ethernet TCP/IP • TSX Premium Allen-Bradley Devices/Protocols o TSX P57 402 Controller • PLC5/20E through PLC5/80E PI-Cs o TSX P57 4823 Controller • SLC5/05 PLC o TSX ETY 110 Ethernet TCP/IP • Ethernet Interface 5820-El module • TSX Momentum (RS232) • ControlNet o 171 CCC 980 20 Ethernet TCP/IP • Data Highway 485 (DH485) • TSX Momentum (RS485) • Data Highway Plus (DH+) o 171 CCC 980 20 Ethernet TCP/IP • Compact 984 (RS232) • DeviceNet • Ethernet o PC-A984-145 • Controll-ogix Controllers • Compact 984 (RS232) o PC-E984-265 GuardLogix • SooftloftLo Controllers • Modicon Micro (RS232) • gix 5800 Controllers 110 CPU 31101 • CompactLogix Controllers o • Generic Modbus • FlexLogix Controllers • NR&D Bridge • PLC-5 o t Controllers o Pen-T Ethernet-to-Serial Bridge • PLC-5 Controllers Bridge • SLC500 Controllers • Modbus o 174CEV30010 o 174CEV30020 'St' MOAK AUTHORIZED RESELLER 4 foes ' City of Ashland °7051 Attn: Steve Burkhalter tT 541-552-2347 February 19, 2013 Scope of Work for on-site Smart Glance and InTouch installation 1. Overview - this document will describe the scope of work to be performed for the City of Ashland as well as escalation and continued support. 2. Nomenclature 1. Customer - City of Ashland 2. Vendor - Wonderware Pacwest 3. Scope of work 1. Installation of SmartGlance Server - this work will consist of installing software on a server provided by the Customer. The Vendor or Vendor Representative will come on- premise to perform the software installation and basic configuration. In order to be successful, the Customer needs to be prepared with the necessary authentication to perform such software installation and configuration. 2. Installation of InTouch - Read Only Client - this work will consist of installing software on a client computer provided by the Customer. The Vendor or Vendor Representative will come on-premise to perform the software installation and basic configuration. In order to be successful, the Customer needs to be prepared with the necessary authentication to perform such software installation and configuration. 3. Wonderware Pacwest may elect to utilize a Wonderware Trained system integrator to perform the actual work on-site. 4. Projected Impact to Customer Operations 1. Smart Glance and InTouch Read-Only are non-control software packages. Users will not be able to manipulate or send control commands to the city's water treatment or distribution system. Both of these software packages provide information to the user, not control. These software packages access process real-time historical data only. 5. Emergency Response - 1. The customer has an option to purchase emergency on-site services from Wonderware for up to 60 days post installation. The fee for emergency on-site service will be $180.00 per hour. ~c`w ~ SAS Page 1 of 1 • INDUS-5 OP ID: 1JL CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDI 0212712014 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brown & Brown of WA. Inc. (B) PHNAME: ONE FAX 1501 4th Ave Suite 2400 A/c No: INC. No. Ext) Seattle, WA 98101 E-MAIL Roger Young ADDRESS: INSURERS AFFORDING COVERAGE NAIC k INSURER A: TRAVELERS PROPERTY CASUALTY CO 25674 INSURED Industrial Software Solutions, INSURER B: Inc. 19909 120th Ave NE 1!101 INSURER C Bothell, WA 98011 INSURER o NSU RER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~TR TYPE OF INSURANCE POLICY NUMBER MMIDOY EFF M(/YYYY1 ffOCCURRENCE IMITS INSR MD GENERAL LIABILITY H ENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X P-14T51135 1210112013 12/0112014 ccurrence $ 300,00 CLAIMS-MADE ~ OCCUR ne person) $ 10,00 DV INJURY $ 1,000,00 RE GATE $ 2,000,00 GENL AGGREGATE LIMIT APPLIES PERMP/OPAGG $ 2,000,00 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea acdent A X ANY AUTO X BA6CO53562 1210112013 1210112014 BODILY IWURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS $ X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE AUTOS PER ACCIDENT UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 A EXCESS LIAB CLAIMS-MADE ZUP-14T51147 12/0112013 12/0112014 AGGREGATE $ 4,000,00 OED X RETENTIONS 10000 $ WORKERS COMPENSATION WC STATLL X OTH- AND EMPLOYERS' LIABILITY TORY IMITR A ANY PROPRIETOWPARTNETEXECUTIVE YIN ZPP-14751135 1210112013 12/0112014 E.L. EACH ACCIDENT $ 1.000,00 OFFICEIUMEMBEXCLUDED? NIA WA STOP GAPIEMPL LIAB. (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1.000,00 DY SCRIPcnbe under EBCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1.000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule. If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 90 N. Mountain Avenue Ashland, OR 97520 AUTHORIZED REPRESENTATIVE 11~'4~ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY RECORDER Page 1 / 1 ASHLAND CITY OF DATE - PO NUMBER• 20 E MAIN ST. 3/10/2014 12138 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 006820 WONDERWARE PACWEST, IND. SOFTWARE SOI SHIP TO: Ashland Water Department 20021 120TH AVE NE SUITE 202 90 N 488-5354 BOTHELL, WA 98011 90 N MOUNTAIN ASHLAND, OR 97520 FOB Point Terms: Net 30 days Req. No.: Req. Del. Date: - Dept: Special Inst: Contact Steve Walker Confirming? No QuantiUnit.. Desert tion Installation of software by WonderWare Unit Price Ext. Price PacWest for Telemetry Station at 90 N. 16,501.95 Mountain (Service Center) Contract for Goods and Services Beginninq date: TBD Completion date: May 30, 2014 BILL TO: Account Payable SUBTOTAL 16 501.95 20 EAST MAIN ST TAX 0.00 541-552-2010 FREIGHT 0.00 ASHLAND, OR 97520 TOTAL 16,501.95 Account Number ':`rzProjecfNumber :!r E 670.08.18.00.70420 Amount. ^`AccourrtNumber projectNumber E 201335.999 16 501 95 Amount Authonzefl signature VENDOR COPY FORM #3 CITY OF ASHLAND chase-Order REQUISITION Date of request: 3-10-2014 Required date for delivery: ASAP Vendor Name wnndnrwara ParWac} Address, City, State, Zip 19909-120th Ave NE Suitel01 Bothell WA 98011 Contact Name & Telephone Number Kewn Flieger 1888-049-0494 Fax Number 1-888-942-4999 SOURCING METHOD ❑ Exempt from Competitive Bidding Emeroencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written uote or ro osal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediata Procurement T Sole Source Contract # GOODS 8 SERVICES X Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract L1000 to $100,000 X Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached X Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement L Interaovemmental Agreement #5.000 to 575.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Installation of software by WonderWare PacWest for Telemetry Station at 90 N. Mountain Water office $'*501 95 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost X Per attached quote/proposal T&F Project Number 201335.999 Account Number 670.08.18.00.704200 Account Number Account Number 'Expend'iture must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. IT Director Date Support -Yes /No Employee: Department Head: l cx Q Q, c" -3 f Cj 1 L LC Department Manager/Supervisor: 'Q~P~ (Equal to or greaterthan$5,000) City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., (r-w / NO ,3//o Zo/ c~ Finance Director- (Equal to or great than $s,0oo) Date Comments: Form #3 - RequisNOn CITY O1F FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From:. Mike Faught Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The water department intends to contract with WonderWare Pacwest to install software needed to complete the telemetry station project at the 90 N. Mountain Ave. water office. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Historically and currently only contractors have been used in the water division for software installations and upgrades to our telemetry and SCADA systems. A general consensus among technology experts at the city is that using a contractor specializing in these installations is in the best interest of the City. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 3/10/2014 FORM #5 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less .than $100.000 To: Mike Fought From: Steve Walker -Water Distribution Date: 3-10-14 Re: Sole Source Determination and Written FindinQS for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: $16,501.95 Project name: Water office telemetry station at 90 N. Mountain Description of goods and services: Installation of Wonder Ware Smart Glance and In Touch software at 90 N. Mountain for telemetry station Background: The Water Department intends to contract with Wonder Ware Pacwest to install all necessary software to complete the installation of a telemetry station at the water office at 90 N. Mountain before May, 30, 2014 The installation of this telemetry station will allow a viewing module for water plant operations as well as critical functions in the water distribution system. The station will also allow the water department to run reports of historical data concerning things like reservoir levels, pump run times as well as water qualityparameters. The estimated cost of this work is $16,501.95 The water department is seeking sole source procurement because the water treatment plant and all current SCADA controls and telemetry currently in use operate using Wonder Ware software making this our only option for an operating platform for the new telemetry station. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 3110/2014 Findings: Market Research Overall finding: The water department's only option for completing the telemetry station at 90 N. Mountain is to use the WonderWare and telemetry.software already in use at the water plant for SCADA fln accordance with ORS 279E 075, these are the examples offmdines that should be addressed Select at least one of the /indinns and prepare the determination as it specifically relates to the goods or services being procured More than one finding can be addressed The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. The water department's only option for completing the telemetry station at 90 N. Mountain is to use the WonderWare software already in use at the water plant for SCADA and telemetry. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 3110/2014