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HomeMy WebLinkAbout2019-002-20190180 Portland Engineering PERSONAL SERVICES AGREEMENT (greater than $25,000.00 CONSULTANT: Portland Engineering CITY OF CONSULTANT'S CONTACT: Greg Robinson ASHLAND 20 East Main Street ADDRESS: 7675 High Banks Road Suite 1 Ashland, Oregon 97520 Central Point, OR 97502 Telephone: 541/552-2335 Fax: 541/488-6006 TELEPHONE: 541-664-6200 EMAIL: gobinson@portlandengineers.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Portland Engineers, a limited liability corporation ("hereinafter "Consultant"), for Wastewater Treatment Plant Scada Programming Projects and Troubleshooting. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30, 2019. 2. Scope of Work: Consultant will provide Wastewater Treatment Plant Scada Programming Projects and Troubleshooting as more fully set forth in the Consultant's Proposal dated June 1, 2018, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as the "Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary andsupplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. , 4. All Costs Borne By Consultant: Consultant shall, at its own risk and expense, perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that all personnel assigned to the Work to be performed under this Agreement 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. Page 1 of 6: Personal Services Agreement with Portland Engineering Inc. 6. Compensation: City shall pay Consultant the sum of $60,000 as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of $60,000 without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within 30 days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 9. Living Wage Requirements: If the amount of this Agreement is $20,688.86 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B" predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold 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 Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified mail or in person. C. For Cause. City may terminate or modify this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with Portland Engineering Inc. iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen (15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a, b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Page 3 of 6: Personal Services Agreement with Portland Engineering Inc. in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this Agreement. 15. Insurance. Consultant shall, at its own expense, maintain 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 Liabilitv insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property Damage. d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 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' prior 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, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and Page 4 of 6: Personal Services Agreement with Portland Engineering Inc. L (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any _ of the foregoing tax laws or provisions. 17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and • (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement 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 the Consultant that arises from or relates to this Agreement 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 its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with Portland Engineering Inc. 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CITY OF ASHLAND: PORTLAND ENGINEERING INC. (CONSULTANT): By: By:~ City Administr Signature rinted Name Printed Name Zt~ 1123 14e n ate Title 312-P g / Date Purchase Order No. Zd I V-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Page 6 of 6: Personal Services Agreement with Portland Engineering Inc. A CERTIFICATE OF LIABILITY INSURANCE F DATE/27/201E(MMIDD 8YY) 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 have ADDITIONAL INSURED provisions or 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 NAMP CT Lynn Wray Ward Insurance Agency Inc. PHONE ac PO Box 10167 c No E> 11, 541-687-1117 Ne : 541-342-8280 Eugene OR 97440 nooRISS, lynn@wardinsurance.net INSURERS AFFORDING COVERAGE NAIC# INSURERA: Cincinnati Specialty Underwriters Insurance Com an 13037 INSURED PORTENG-01 INSURER B: Cincinnati Insurance Company 10677 Portland Engineering Inc 7675 High Banks Rd Ste 1 INSURER C: Commerce and Indust Insurance Company 19410 Central Point OR 97502 INSUftEfto: Continental Casualt 20443 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 982936954 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. INSft TYPE OF INSURANCE AODLSUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MM/DD/VVYY MM/DDIYYYV LIMITS lam WVD A X COMMERCIAL GENERAL LIABILITY Y Y CS00039055 711/2018 711/2019 EACH OVES100.000 $1,000,000 CLAIMS-MADE M OCCUR DAMA PREMISce $100,000 MED EXon) $ PERSORY $1,000,00 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENER$2,000,000 R POLICY❑PRO- ❑ PRODUAGG $2,000,000 JECT OC OTHER' $ B AUTOMOBILE LIABILITY Y V ENP 0148589 7/112018 7n/2019 COMBINED SINGLE LIMIT $ Fe accident ANY AUTO BODILY INJURY (Par person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) X HIRED X NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Peraccident $ Ncnowned B Hired Auto $1,000,000 C X UMBRELLA LIAR OCCUR EBU021332420 711/2018 7/1/2019 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ IS WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANYPROPRI ETOWPARTNE WEXECUTIV E N/A E.L. EACH ACCIDENT $ ❑ OFFICE W ry EMB ER EXCLUOEOT (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Pollution Liability MCH28B379629 7/12018 711/2019 Limit $3.000,000 Ded:$5,000 Professional Liability Limit $3,000,000 Ded:$5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder and all entities required by written contract are included as additional insureds on a primary and non-contributory basis with waiver of subrogation as respects to the general liability including completed operations and auto liability as required by written contract per attached endorsements. Subject to policy limits, terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Attn: David Gies 20 E Main St AUTH O RIZED REP R ES ENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY available to the additional insured whether Thi3 in3urance will be noncontributory only if CSGA4031 0612 primary, excess, contingent or on any other you have so agreed in a written contract or basis unless you have agreed in a written con- written agreement executed prior to any loss tract or written agreement executed prior to and this coverage is determined to be primary. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. any loss that this insurance will be primary. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - OPERATIONS AND COMPLETED OPERATIONS (LIMITED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A SECTION II - WHO IS AN INSURED is b. Supervisory, inspection, architectural amended to include as an additional insured or engineering activities. any person or organization when you and such person or organization have agreed in writing 2. "Bodily Injury or "property damage" aris- in a contract or agreement that such person or ing out of "your work" for which a consoli- organlzation he added as an additional insured dated (wrap-up) insurance program has on your policy, but only to the extent that the li- been provided by the prime contractor / ability is caused by "your work" performed for project manager or owner of the oonstruc- that additional insured and only to the extent tion project in which you are involved. that such habilityis caused byyour negligence, 3. 'Bodily injury', "property damage" or "per- acts or omissions or the negligence, acts or sonal and advertising injury" to any em- omissions of those acting on your behalf. ployee of you or to any obligation of the If not spedfied otherwise in the written con- additional insured to indemnity another tract or agreement, a person's or organiza- because of damages arising out of such tion's status as an additional insured under this 'nlury. endorsement ends one year after your opera- 4, "Bodily injury", property damage" or "per- tions for that additional insured are completed. sonal The written contract or agreement must be Named Insured is injury afforded for the coverage . currently in effect or become effective during under Nam this the term of this Coverage Part. The contract or policy of insurance. agreement must be executed prior to the "bod- C. With respect to the insurance afforded to ily injury', "property damage" or "personal and then= additional insureds, SECTION III - LIM- advertising injury' to which this endorsement ITS OF INSURANCE is amended to include: pertains. The limits applicable to the additional insured B. With respect to the insurance afforded to the- are those specified in the written contract or se additional insureds, the following additional agreement or in the Dedarations of this Cov- exdusions apply: erage Part, whichever is less. If no limits are specified in the written contract or agreement, This insurance does not apply to: the limits applicable to the additional insured 1. "Bodily Injury', "property damage" or "per- are those specified in the Declarations of this sonal and advertising injury" arising out of Coverage Part. The limits of insurance are in- the rendering of, or the failure to render, clusive of and not in addition to the limits of in- any professional architectural, engineer- surance shown in the Declarations. ing or surveying services, including: D. With respect to the insurance afforded to the- a. The preparing. approving, or failing to se additional insureds, SECTION IV - COM- prepare or approve, maps, shop MERCIAL GENERAL LIABILITY CONDI- drawings, opinions, reports, surveys, TIONS, 4. Other Insurance is amended to In- field orders, change orders or draw- clude: ings and specifications: or Any coverage provided herein will be excess over any other valid and collectible Insurance Includes copyrighted material of Insurance Includes copyrighted material of Insurance CSGA4031 06 12 services Office, Inc., with its permission. Pagel of 2 CSGA4031 00 12 services Office, Inc., with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CSGA 408712 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - PER CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: If you have agreed, in a written contract or agreement, to provide a waiver of any right of recovery against a person or organization, we will waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to that person or organization for which you have agreed to in a written contract to provide said waiver. Includes copyrighted material of Insurance CSGA 4087 12 12 ,services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. rences" under Section I- Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in DESIGNATED CONSTRUCTION PROJECT(S) Section I - Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- GENERAL AGGREGATE LIMIT ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limi damages or under Coverage C for medical D. If the applicable designated construction project This endorsement modifies insurance provided under the following: expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- COMMERCIAL GENERAL LIABILITY COVERAGE PART Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will SCHEDULE 2. Such payments shell not reduce any Desi9- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. Designated Construction Project(s): gate Limit. E. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorsement When required by written contract. shall continue to apply as stipulated. Information to uired to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made urder Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I - Coverage A, and for all expenses shat reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I - Coverage C, which can be attributed that designated construction project. Stich only to ongoing operations at a single designated payments shall not reduce the Gereral Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence. Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown In me Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included n the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a_ Insureds; b. Claims made or "su ts" brought, or c. Persons or organizations making claims or bring!ng "suits". ,CG 25 03 05 09 © Insurance Services Office, Inc , 2008 Page 1 of 2 ❑ Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE Ths endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-01-2018 IEBA 014 85 89 Named Insured: PORTLAND ENGINEERING INC Countersigned hv- (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance is replaced by the following: c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncon- tributory basis. AA 4174 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-01-2018 IEBA 014 85 89 Named Insured: PORTLAND ENGINEERING INC Countersiqned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or "property damage" arising out of the operation SECTION IV - BUSINESS AUTO CONDI- of TIONS, A. Loss Conditions, 5. Transfer of a covered "auto" when you have assumed liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract". AA 4172 09 J CITY OF ASHLAND Council Communication August 18, 2015 - Business Meeting Class-Special Procurement - Portland Engineering FROM David Gies, Wastewater & Water Reuse Supervisor giesd@ashland.or.us SUMMARY This Class-Special Procurement (sourcing method) is being used to seek an exemption from the competitive bid process, which will allow the City's Wastewater Treatment Plant to directly award contracts to Portland Engineering for repairs and maintenance, including technical support and consulting services, for the WWTP SCADA system and any related equipment. Portland Engineering has extensive knowledge and experience building and maintaining the WWTP SCADA systems and the supporting software and hardware. It is in the City's best interest to have Portland Engineering continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage. This Class-Special Procurement will expire on June 30, 2021. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed special procurement, approval request form is attached for your review and consideration. AMC 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913:055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. COUNCIL GOALS SUPPORTED: FISCAL IMPLICATIONS: WWTP has budgeted $50,000.00 for the current biennium. Future costs will be subject to funds budgeted and/or the need for these services STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Class-Special Procurement" be approved. Page 1 of 2 ~r, CITY OF -AS H LA N D SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the "Class-Special Procurement". ATTACHMENTS: Form #9, Special Procurement, Request for Approval Page 2 of 2 I CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: David Gies, Wastewater & Water Reuse Supervisor Date: August 18, 2015 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works Department, Wastewater Treatment Plant 2. Department Contact Name: David Gies 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From: Upon approval To: June 30, 2021 5. Total Estimated Cost: WWTP has budgeted $50,000 for the current biennium. Future costs will be dependent on fiords budgeted and/or the need for services. 6. Short title of the Procurement: Computer Software & SCADA Support Programmer Supplies and/or Services or class of Supplies and/or Services to be acquired: The services of a highly skilled, specialized and technical programmer are required at the WWTP to provide computer and SCADA programming, troubleshooting and repair services. These services are currently provided by Portland Engineering for the WWTP. These services are required at the WWTP to support the SCADA (Supervisory Control and Data Acquisition) System which is a very unique and complicated system that controls most of the WWTP. The intended services will be utilized for recurring, emergency and/ or on as needed basis to support the complex systems at WWTP. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 8/24/2018 Background: After an extensive RFQ process, Portland Engineering was awarded a contract to oversee the WWTP SCADA system upgrade For more information please refer to the March 4 2014 council communication. Proposed procedure: Direct Award 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Portland Engineering has has provided consulting services technical support and performed repairs and maintenance for the WWTP SCADA system and related equipment. Portland Engineering has _ extensive knowledge and experience building and maintaining the WWTP SCADA systems and the supporting software and hardware. It is in the City's best interest to have Portland Engineering continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage. Another reason that supports the need for this level of service is if the systems were to go off-line. Going off-line could mean the plant will not run properly, pumps might not go on and off, excessive water could run into Ashland Creek, or another issue and/or problem could occur. Any one of these issues and/or problems could cause the WWTP not to meet the permit limits and therefore could result in costly fines to the city. Therefore it is imperative that a potential issue and/ or problem receive immediate attention and be resolved in a manner that will keep the WWTP operating in a manner that meets or exceeds the requirements of any and all associated permits. Staff highly recommends having the flexibility to directly award contracts for highly computer programming services in order to ensure the systems continually operate (24/7) in a manner that meets or exceeds the system requirements. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Due to the highly specialized and technical nature of the computer programming services and their required 24/7 availability for the WWTP, it is highly unlikely that there will be any concern regarding favoritism or diminished competition. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); X (b) (1) will result in substantial cost savings to the contracting agency or to the public because: The additional cost and labor associated with locating and/or training another potential individual and/oOr firm could be costly with no guarantee that the services to be provided would meet and/or exceed the current level of services being provided now. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b) (ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 279B.065, or 27913.070, or any rules adopted thereunder because: It is imperative that the City maintain the WWTP's system 24/7 in a manner that meets and/or exceeds the system and permit requirements specific to the plant. Therefore, it is most definitely in the City's best interest to contract with highly specialized and technical computer programmers with an existing working knowledge and understanding of the WWTP existing SCADA System and supporting hardware. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 8/24/2018 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - (If approved by Council, August 19, 2015) PUBLIC NOTICE Approval of a Special Procurement First date of publication: (Ifapproved by Council, August 19, 2015) A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on 01'approved, August 18, 2015). This Class-Special Procurement (sourcing method) is being used to seek an exemption from the competitive bid process, which will allow the City's Wastewater Treatment Plant to directly award contracts to Portland Engineering for repairs and maintenance, including technical support and consulting services, for the WWTP SCADA system and any related equipment. Portland Engineering has extensive knowledge and experience building and maintaining the WWTP SCADA systems and the supporting software and hardware. It is in the City's best interest to have Portland Engineering continue providing these services to maintain the existing quality of service and mandatory 24/7 coverage. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, David Gies, Wastewater Plant Supervisor, 90 North Mountain Ashland, OR. 97520. The seven (7) protest period will expire at 5:00pm on (Ifposted August 19, 2015, the expiration date will be August 26.20 15). This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3, 8/24/2018 PUBLIC NOTICE Approval of a Sole Source Procurement Dry Creek Landfill First date of publication: _June 17, 2015 A Sole Source Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on June 16, 2015. It has been determined based on written findings that the following Goods and Services are available from only one source. Biosolids from the Wastewater Treatment Plant are required to be disposed of in a manner that meets all federal and state regulations. The closest local approved disposal site for biosolids in the Rogue Valley is Dry Creek Landfill. Biosolids are hauled daily to the landfill site for burial. Dry Creek Landfill will accept the material at the current fee of $51.15 per ton effective July 1, 2015. The Wastewater Division is focused on efficient cost savings and will look to improve the consistency in the biosolids drying process to ensure a drier product thereby reducing the weight and effectively reducing the overall cost of disposing biosolids. The contract terms, conditions and specifications may be reviewed upon request by contacting the Purchasing Representative, Kari Olson, at 541-488-5354. An affected person may protest the determination that the personal services are available from only one source in accordance with OAR 137-047-0710. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, Purchasing Representative, 90 N. Mountain, Ashland, 97520. The seven (7) day protest period will expire at 5:00pm on June 24, 2015. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Sole Source Procurement. _ Purchase Order Fiscal Year 2019 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL - B City of Ashland INVOICES AND SHIPPING DOCUMENTS I I = L ATTN: Accounts Payable Purchase L 20 E. Main 20190180 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Wastwater Treatment Plant E PORTLAND ENGINEERING INC 1 1195 Oak Street N 7675 HIGH BANKS ROAD STE #1 P Ashland, OR 97520 D CENTRAL POINT, OR 97502 Phone: 541/488-5348 O T Fax: 541/552-2364 R O Ven__, fl-= - - M-ra 541 956-0300 Daivd Gies ZQat(vOffrs== - - - amufflue H 6fI~D -=4~a1 08/24/2018 621 FOB ASHLAND OR Cit Accounts Pa able ice- ende WWTP SCADA Programming 1 WWTP SCADA Programming & Troubleshooting 1 $25,000.0000 $25,000.00 Not to exceed $25,000 Personal Services Agreement (ggreater than $25,000.00) Completion date: June 30, 20 9 Project Account: GL SUMMARY 086100 - 604100 $25,000.00 By:Date: Authorize Signature PO Total $25,000.00 N All 1 of request EE~ ` Required dale for delitrenr: Vendor Mame Address, CfLy, State, Zip ConfacL Mann & Telephone Number Fax Number SGURCLI S 6101-G i'MOD EMC front Competitive Bidding exempSon: ❑ Invitation fio Bid Co ies on file ❑ ~mercrencv ( p ) ❑ Formi3, lNritten findings and Aufhori<ation Date approved by Council: ❑ Written quote or proposal attached e or proposal attached Attach co of council communication If council approval required, attach co of CC) ❑ Small Procurement Cooperative Procurement Less than $5.000 El Request for Proposal Council: (Copies on file) ❑ Direct Award Date approved by Council ❑ State or Oragon ❑ VerbalfiMitten quote(s) or proposal(s) -(Attach copy of council communication) Contract fi Intermediate Procurement ❑ State of Washington S ~ SERVICES ❑ Sole Source Contract GOODS to , ERVI0 El Applicable Form W,6, 7 or 8) El Other government agency contract ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ form #4, Personal Services $5K to $75K Contract PERSOMAL SERVICES Special Procurement Intergovernmental Agreement 35.000 to 575.000 Q~Farm #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment written quote or proposa attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: -B d l j (Date) ❑ Form f#4, Personal Services $5K to $75K Valid until- 3 e Date _ (Attach copy of council communication) escrra>ptl®n (as -S1 NIV6CCf S To a o-si? O~d - Ta re OZ)o Unve '?rrtee i m2ai? Cast ❑ Per attached quatetproposal~ C $ - - - - - - - - - - - - - - - 'Expendiiure must be charged to the appropriate account numbers for the financials to accurately reflect, the actual expenditures. By signing this requisitio form, t certify t the City's public contracting requirements have been satisfied. - Employee: Department Head: / A? epari ;entclanagerlSuperv:sor q t rgreafer' an $5000) City Administral r. ua oorg r an , 00} 000, Form #3 - Requisition Portland Engineering Inc. Invoice 7675 High Banks Rd 41 DATE INVOICE # Central Point, OR 97502 7/31/18 7934 Phone (541) 664-6200 BILL TO: SHIP TO Ashland OR City of Ashland 20 E Main St Ashland OR 97520 TERMS PROJECT PO NO Net 30 U271 Ashland W WTP ' 18-19 QTY DESCRIPTION U/M RATE Date AMOUNT July'18 Services 12 See Detail Below 130.00 1,560.00 02-JUL-18 1 Service & Support I Greg Robinson 2hrs @ $130/hr 09-JUL-18 1 Service & Support Greg Robinson 3.5hrs @ $130/hr x ``s 30-JUL-18 1 Service & Support Greg.' Robinson 6.5hrs @ $130/hr ` ()'U NITS TS RAYA I-_ Attn: David Giles Total $1,560.00 Payments/Credits $0.00 Balance Due $1,560.00 ARMER" ~t1~'ZtlE3E,:I'Z/7~ II?C. Service & Fee Schedule • System Design • Scope of Work Development • Cost Evaluation and Estimation • Project Management $150.00/hour a Construction Management • Software Specification, Procurement, Installation • Historian, MES, Data Systems Configuration • Training • HMI Application Development • PLC Programming • Field Service $130.00/hour • Telephone and Remote Support • Wiring Diagrams • Panel Design • Administrative Services $55.00/hour Normal business hours are Monday through Friday, 8:00 am to 5:00 pm. Service and travel time outside of normal business hours will be billed at 1.5 times the above fees. Service and travel time on Sunday and Holidays will be billed at 2 times the above fees. Urgent unscheduled Field Service is a $500 minimum charge. Travel time will be billed from the location of the dispatched engineer with an additional mileage charge of $0.75/mile. Travel expenses will be billed at cost with a minimum charge of $165.00 per night. Short-term hardware and equipment rentals are available. Rental duration and fees are negotiated on a project-by-project basis and at the sole discretion of PEI. Terms - Net 30 days. All applicable state and local tax fees apply. PEI Holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day. In Portland, OR at 2020 SE r Ave. Suite 200 Portland OR 97214 Tel: (503)256-7716 Fax: (503) 256-7679 Web: www.portlandengineers.com In Central Point, OR at 7675 High Banks Road Suite 1 Central Pant OR 97502 Tel: (541) 664-6200 Fax: (541) 664-9094 Email: info(L~portlandengineers.com General Contractors License #135739 Washington Contractors License PORTLE1920OZ Revision 2016-04-06 This document is the exclusive property of Portland Engineering, Inc. and contains information that is confidential and privileged. Any dissemination, distribution or copying of this document is prohibited without written permission. PEI 35 Barriers and Aids o K-12 o Time, Capacity Measuring Success o Leadership o Monitoring and Data o Communication o Lag Time o Trust Science o Equality o Technical Expertise o Diversity of Representation o Local Knowledge o Politics Environmental Groups o Land Ownership Litigation o Compromise Targeting o Consistency Government o Transparency o Regulation Funding o TMDL Collaboration Attainability of o Stakeholder Participation Targets Motivation Water Quantity Values Nonpoint Sources o Group Formation o Irrigation and Agriculture Catalyst o Timber and Roads Legislation o Recreation Grassroots o Development o Projects o Legacy Restoration o Stormwater Thermal Credit o Dairies Trading Habitat Fish Passage Point Sources o Goals o WWTP o Decision Making Process o Mining Education and Outreach o Aquaculture o Public Understanding Dams o Adults Adaptive Management