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HomeMy WebLinkAbout2019-252 20200194 Control Systems NW LLC PAGE NO. 1 OF 14 PAGES PERSONAL SERVICES AGREEMENT CONSULTANT: Control Systems NW LLC dba RH2 Control Systems NW CITY OF -ASHLAND CONSULTANT'S CONTACT: Eric Summers 20 East Main Street Ashland, Oregon 97520 ADDRESS: 22722 29 s Drive SE, Suite 210 Telephone: 5411488-5587 Bothell, Washington 98021 Fax: 541/488-6006 TELEPHONE: (425) 951-5338 EMAIL: Esummersnaxh2.com This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Control Systems NW LLC, a limited liability company ("hereinafter "Consultant"), for Instrumentation and control integration services in support of the City of Ashland's water system. 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 on June 30, 2023. 2. Scope of Work: Consultant will provide labor, materials, and software support for the City as more fully set forth in the Consultant's Scope of Work entitled "Scope of Work for General Services for City of Ashland, Instrumentation and Controls Integrator, dated July 2019, 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 and supplementary 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 PAGE NO. 2 OF 14 PAGES 6. Compensation: City shall pay Consultant for its Work at the hourly rates as set for Exhibit "D," CSNW/RH2 ENGINEERING, INC. 2019 SCHEDULE OF RATES AND CHARGES, which is attached hereto and incorporated herein by this reference, 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 $25,000.00 (twenty-five thousand dollars) 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 by the City 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 $21,507.75 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 shall also pest 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), q the extent ao~ t& - the damage (including loss or destruction) to property, of whatsoever nature~arising out of ^r ine the negligence or willful misconduct by Consultant (including but not limited to, Consultant's c.Z 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 that 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 PAGE NO. 3 OF 14 PAGES 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. c. 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 1 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 i 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 PAGE NO.4 OF 14 PAGES 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 Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per claim. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. "Tail" coverage will be required at the completion of the Work under this Agreement for the remaining Term, for not less than twenty-four (24) months after completion of all Work. Consultant shall be responsible for furnishing certification of the "tail" coverage as described herein or continuous "claims made" liability coverage for not less than twenty-four (24) months following completion of all Work, provided that the continuous "claims made" coverage has a retroactive date on or before the Effective Date of 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 Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars) per occurrence 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. £ Additional Insured/Certificates of Insurance. Consultant shall supply an endorsement naming the City, its officers, employees and agents as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation, required herein, by the Effective Date, but only with respect to Consultant's Work to be provided under this Agreement. Consultant's insurance shall be primary and non-contributory. As evidence of the insurance coverages required by this Agreement, Consultant shall famish a certificate or certificates of such insurance approved by the City prior to commencing any 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 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: Page 4 of 6 PAGE NO. 5 OF 14 PAGES 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 (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 Page 5 of 6 PAGE NO. 6 OF 14 PAG; 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. 22. Certification. Consultant has executed the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CONTROL SYSTEMS NW, LLC DBA RH2 CITY OF ASHLAND: CONTROL SYSTEMS NW: n By: L~ B . City Admi rator Signature Printed Name Printed Name ate Title 9.& Date Purchase Order No. is to be submitted with this signed Agreement APPROVED AS TO FORM: Assistant City Attorney { Date Page 6 of 6 PAGE NO. 7 OF 14 PAGES EXHIBIT A Scope of Work for General Services for City of Ashland Instrumentation and Controls Integrator July 2019 Background City of Ashland (City) requests Instrumentation and control integration services from RH2 Control Systems NW, LLC (CSNW) In support of the City's water department and distribution control system. Scope of Services CSNW will furnish labor, materials, and software support on an on-call basis, as needed, or under authorized task authorizations. CSNW will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others In relation to this Scope of Work. CSNW will provide a Rockwell certified representative to provide warranty work on existing systems currently under manufacturer's warranty. Task 1- Project Administration Services objective: Administer project records and coordinate with the CSNW project team. Provide coordination of the project team, Including communication and meetings with City staff, maintain progress reporting and monthly billing, resource scheduling, and updates to project scope, schedule, and budget, as necessary or requested. Approach: 1.1 Monitor the project scope, budget, and schedule. Provide updates, attend meetings, and provide monthly invoices to the City. 1.2 Coordinate with subconsultants, subcontractors, or contractors, as warranted. 1.3 Develop additional task authorizations, as requested. Assumptions: • it is assumed Task 1 will be necessary for the duration of this contract. CSNW staff will facilitate and attend necessary project meetings. • City staff will be available and attend necessary project meetings. RH2 Deliverables: • Monthly Invoices, progress reports, and schedule updates in electronic format when requested. • Attendance at progress meetings, when requested by the City. Develop meeting minutes. 1 efl/30193:g1:00PM L\C9n4u6pt..,UW\OPeOIIOn\Dala\WA\W CO d\MSOW WAmtle w1019W30.d.. PAGE NO. 8 OF 14 PAGES City of Ashland Exhibit A Instrumentation and Controls Integrator Scope of Work Task 2 - On-Call Emergency Response Objective: Provide emergency support services to the City on an "as required" basis for the duration of the contract. The extent of these'services will be dependent on the specific emergency condition.. When contacted, CSNW staff will work with City staff on resolving control/supervisory control and data acquisition (SCADA) system failures but may require additional resources If failures extend to non-control/SCADA system hardware or software. Approach: 2.1 Respond to City staff via phone call within thirty (30) minutes after being contacted by the City. A phone call with city staff or remote access into the City's control/SCADA system may resolve the Issue. 2.2 Respond on site If the issues are not capable of being resolved remotely. Assumptions: • Work described as "on-call" and requiring immediate response will be requested by the City via phone or text. Upon full execution of the contract, an emergency chain-of-response contactform will be provided to the City. I • Emergency responses will take precedence over non-emergency control/SCADA tasks. • Remote phone response will be first level of support, with on-site response provided If required to resolve Issue. Provided by City: • 'Electrical and control panel as-bullt drawings, operations and maintenance manuals, and manufacturer's Information for facility experiencing an emergency condition If available. • Staff to provide access to facility or facilities during emergency response site visits. RH2 Deliverables as Requested; May Include: • Similar Deliverables as identified in Task 3 and Task 4 based on emergency response tasks. Task 3 - Control System Integration and Electrical Assistance Objective: Provide services upon request for the Installation and maintenance of the control system equipment. Approach: 3.1 Visit facilities as requested by the City to review the existing control system Installation, Identify potential electrical and control system Improvements, develop a recommended maintenance schedule for the Identif led maintenance tasks. Review as-bullt Information for each facility and compare as-bullts to actual Installation in the field for accuracy when warranted and to the degree feasible by visual Inspection. Review manufacturer specifications for equipment 2 3/3/3 0 39 3AIMPM L•\CantmlSyst.M MkOpomdona\Oata\CAA\W ConWd\PSASOW COA Integrator 20190730.dov PAGE NO. 9 OF 14 PAGES City of Ashland Exhibit A Instrumentation and Controls Integrator Scope of Work Identified. Prepare a technical memorandum Identifying recommendations for control system Improvements. 3.2 Markup, revise, augment and/or update electrical as-bullts as necessary. 3.3 Prepare preventative maintenance schedule per manufacturer's specifications and submit to the City for review and approval. Attend meetings as requested with City staff. Coordinate subcontractors to perform Installation of electrical components. Subcontractor duties may Include, but are not limited to: • Upgrades to conduit Installation; • Wire pulling; • Installation of lighting fixtures; • Addition of circuits; • Wiring of electrical motors and apparatus; • Installation of control system equipment; and • Installation of Instrumentation devices. Provided by City: • If available, electrical and control panel as-built drawings, operation and maintenance manuals, available maintenance records and manufacturer's Information for each facility, as work Is requested. • Staff to provide access to facilities during site visits. • Attendance at recommendation and review meetings. • Review comments on recommended Improvements and maintenance schedules. Selection of Improvements approved for design. RH2 Deliverables as Requested; May Include: • Recommendations for control system improvements In electronic format (PDF). • Updated electrical as-builts. Format to be based on format of existing records. • Preventative maintenance schedule In electronic format (PDF). • Completion of required control system replacements or improvements. Task 4- Software Development and Configuration Services Objective: Provide software development and Integration services. 3 0/1110193AI:WPM L\Can1.1Syt..NW\0p...tbmWa1+\WA\WWImcQ95A SOW WA In.e W2DAO A.. PAGE NO. 10 OF 14 PAGES city of Ashland Exhibit A Instrumentation and Controls Integrator Scope of Work Approach: 4.1 Implement new software or updates, as requested, for control system replacements or Improvements. CsNW will coordinate directly with the City on installation schedule and logistics. 4.2 Software development/configuration of control system software Including, but not limited to: network device configuration; programmable logic controller (PLC) software development; operator Interface configuration; SCADA computer system software development; SCADA computer system virtualization; alarm monitoring systems configuration; remote viewing software configuration; Remote Desktop Services (RDS) management; telemetry equipment configuration; analytical device configuration; and configuratlon/calibration of instrumentation devices. Software Implementation will be coordinated with City staff and IT personnel. 4.3 Development of, or updates to, operations and maintenance (O&M) manuals. 4.4 Provide training services for new systems, system updates, or equipment Installed. Assumptions: • Software Integration and development will occur on site at the faclllty(les) required. • Integration and programming will be completed offsite if remote connections become available. • Software development and testing of equipment will take place offsite when new devices are to be Installed. Provided by City: • Access to required facilities. • Required login permissions for remote access. • Required usernames and passwords for equipment. • Current software programs for processors and operator Interfaces, If available. • Available 0&M manuals. • Approve screen design preferences and review operator Interface screens, • Control strategy approval. RI-12 Deliverables as Requested; May Include: • Operator Interface screen designs and Implementations. • Control strategy design and implementation. • Required telemetry modification and coordination. • Required D&M manual updates or development of new 0&M manuals. 4 ajV20I93:gL'WPM L\CanvoRyNem~NW\Opeollom\Oala\mA\00 C.t.a\PSA SOW COA We Vg W, 3019WMd.o. I , PAGE NO. 11 OF 14 PAGES I City of Ashland Exhibit A I Instrumentation and Controls Integrator Scope of Work • Required meeting coordination. • software backups for all control and SCADA equipment. • Train Ing services. PROJECT TERM Services to commence upon full execution of the agreement with an expiration of June 30, 2021. FEE FOR SERVICES The fee for services shall be on a time-and-expense basis. The fee for services shall not exceed $25,000 without prior written authorization of the City. i I r ~ 5 8/1/20W 3:41:OWPM 2:\CantratSystem+NVAOperattanskDaw%COA\00 CanWd%P5A50W COAMtegmW 301WMdau - PAGE NO. 12 OF 14 PAGES EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING . . • WAGE per hour, effective June 30, 2019. !ok The Living Wage is adjusted annually every /r, June 30 by the Consumer Price Index. portion of business of their of health care, retirement, employer, if the employer has 401 K and IRS eligible ten or more employees, and cafeteria plans (including has received financial childcare) benefits to the assistance for the project or amount of wages received by ➢ For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $21,507.75. ➢ Note: For temporary and Ashland if the contract part-time employees, the exceeds $21,507.75 or more. ➢ If their employer is the City of Living Wage does not apply Ashland, including the Parks to the first 1040 hours worked ➢ For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details, please see 50% or more of the ➢ In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. working on a project or additional For Contact the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND -Du: NU. Or 14 I'NF,X11113FF C CERTII~'ICATIONS/IZEI'REgI±,N"Try"I'IONg: ('onsuitant. by and th?-oub}i its authorizcd rcpresentat1VC. Wider 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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) 2 the work under the Agreement shall be performed in accordance with the4= I professional standards, and (d) Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. (2) 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. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. Consultant Date PAGE NO. 14 OF 14 PAGES EXHIBIT D CSNW/RH2 ENGINEERING, INC. 2019 SCHEDULE OF RATES AND'CHARGES RATE LIST RATE UNIT Professionals - $135 $/hr Professlonal11 $146 $/hr Professional 111 $156 $/hr Professional IV $169 $/hr ProfessionalV $181 - $/hr Professional VI $196 $/hr ProfessionalVli $213 "$/hr Professlonal VIII $226 $/hr Professional lX. •$226 .$/hr ControlSpecialist 1 $123 $/hr Control-Speclallst 11 $133 $/hr Contr6fS eclallstlll $145 $/hr Control Specialist IV x$155 '$/hr - controlspecialist V $165 $/hr Control Speclallst9i $176 $/hr Controls eciallsfVll $190 Or Controls eclalist Vlll ,$199 $/hr Technician 1 $94 $/hr' Technician II $107 Mr Technician III $120 $/hr Technician IV $134 :$/hr Technician V $141 $/hr Technician V1 $155 $/hr Technician VII $168 $/hr Technician VIII $177 $/br Administrative 1 $60 $/hr Administrative-]] $74 $/hr Administrative III $91. $/lir Administrative IV $109 -$/hr ' Administrative V $127 $/hr CAD/GISSVStem - $27.50 $/hr CAD Plots - Half Size $2.50 price per lot CAD Plots - Full Size $1moo rice per plot CAD Plots - Large $25.00 price per plot copies bw 8.5" X 11" $0.09. rice ercopy Copies bw 8.5" X 14" $0.14 rice per co copies (bw) 11" X 17" $0;20 price per copy Copies (color) 8.5"X41" $0.90 price per copy Copies (color) 8.5"'X 14" $1.20 price per copy Copies color 11" X 17" $200 rice; erco i Technology Charge 2.5.0.% of Direct Labor price per mile Mileage $0.580 (orCurrent IRS Rate Subconsultants 15% Lost+ j outside Services at cost j Additional Specialized Equipment see attached RI-12 Equipment Rental Rates i ' Rates listed araadlustsd annually.. i Katrina Brown From: Tami Campos Sent: Wednesday, August 28, 2019 1:57 PM To: Kevin Caldwell; Katrina Brown; Scott Fleury Cc: Jess Griffiths Subject: RE: Legal review - Control Systems NW 5 Katrina, V C Please sign and return the contract to me and I will forward to them for signature. Thank you 0 Tawu, -0 Pi M%ll e,-Ca+~ ak Administrative Analyst City of Ashland, Public Works Department 20 East Main Street, Ashland, OR 97520 541-552-2420 Fax: 541-488-6006, TTY: 1-800-735-2900 4012 Like Public Works on Facebook for updates and information! Like Ashland Water Conservation on Facebook for updates and information! This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2420. Thank you. From: Kevin Caldwell <kevin.caldwell@ashland.or.us> Sent: Wednesday, August 28, 2019 1:38 PM To: Katrina Brown <katrina.brown@ashland.or.us>; Tami Campos <tami.campos@ashland.or.us>; Scott Fleury <scott.fleury@ashland.or.us> Cc: Jess Griffiths <jess.griffiths@ashland.or.us> Subject: RE: Legal review - Control Systems NW I don't see any reason to not send this to CSNW. The term thing is a little different, but understandable. Just so we're on the same page, the intent of this contract is to have them respond and resolve issues with our computer control systems at the WTP and various pump stations. It is not intended for them to design or build anything, just to keep our facilities operating as necessary. There is always some liability involved, but much less than if they were designing or building things. Hope this helps a little? Kevin Caldwell, Senior Project Manager City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2414, TTY 800-735-2900 Fax: (541) 488-6006 1 This email transmission is official business of the City of Ashland, and it is subject to. Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2414. Thank you. From: Katrina Brown <katrina.brown@ashland.or.us> Sent: Tuesday, August 27, 2019 5:37 PM To: Tami Campos <tami.campos@ashland.or.us>; Scott Fleury <scott.fleury@ashland.or.us> Cc: Jess Griffiths <less.griffiths@ashland.or.us>; Kevin Caldwell <kevin.caldwell@ashland.or.us> Subject: RE: Legal review - Control Systems NW Attached please find the agreement with the changes made to the insurance to reflect that the required Prof Liability Insurance will be on a "claims made" basis. I have highlighted the portions that I have edited. I extended the term so that the City has the ability to enforce the insurance requirements regarding "tail coverage" even after the Work is completed but when claims could still occur. Let me know if you have questions. If it looks okay, I will print it out, sign where I need to sign, and send it over. Katrina Katrina L. Brown Assistant City Attorney City of Ashland 20 E. Main Street Ashland, Oregon 97520 (541) 488-5350 This electronic transmission contains PRIVILEGED AND CONFIDENTIAL information and is intended only for the use of the addressee(s) named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient(s), please note that any dissemination, use, distribution or copying of this communication is strictly prohibited. From: Tami Campos Sent: Tuesday, August 27, 2019 9:22 AM To: Katrina Brown <katrina.brown@ashland.or.us>; Scott Fleury <scott.fleurv@ashland.or.us> Cc: Jess Griffiths <iess.griffiths@ashland.or.us>; Kevin Caldwell <kevin.caldwell@ashland.or.us> Subject: RE: Legal review - Control Systems NW Here you go, Katrina. Thank you (D T-a*L&E)e.Mf U&-Ca,wPo~ Administrative Analyst City of Ashland, Public Works Department 20 East Main Street, Ashland, OR 97520 541-552-2420 Fax: 541-488-6006, TTY: 1-800-735-2900 Like Public Works on Facebook for updates and information! Like Ashland Water Conservation on Facebook for updates and information! This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2420. Thank you. 2 A ® CERTIFICATE OF LIABILITY INSURANCE 1 DATEIMMIODIYYYY) 08/07/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA 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. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jone Bolin NAME: Sammamish Insurance, Inc. A'DNN El (425) 898-8780 AID NO); (425) 836-2865 704 228th Ave NE, PMB 373 E-MAIL JonaBolin@msn.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Sammamish WA 98074 INSURERA: Ohio Security Insurance Company 24082 INSURED INSURER B: The Ohio Casualty Insurance Company 24074 Control Systems NW, LLC INSURER C: Continental Casualty Company DBA: RH2 Control Systems NW INSURER D: 3553Anowhead Drive INSURER E: Medford OR 97504-7276 INSURERF: COVERAGES CERTIFICATE NUMBER: CL1 9711 0 3 522 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR ADOLSUBR POLICY EFF POLICY UP LTR TYPE OF INSURANCE INSD MD POLICYNUMBER MMIDD/YYYY MWDDIYYYY LIMITS X COMMERCIALGENERALLIASIUTY EACH OCCURRENCE 5 1,000,000 R 1,000,000 C1-AIMS-MADE X OCCUR PREMISES Ea occurenra $ MEO UP (Anyone person $ 15,000 A Y BLS59861156 07/10/2019 07110/2020 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S 2,000,000 POLICY [g PRO F-1 LOD PRODUCTS - COMP/OPAGG $ 2,000,000 JECT OTHER: WA Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE OMIT S 1,000,000 Ea accident ANYAUTO BODILY I NJURY(Per person) S A OWNED SCHEDULED Y BAS59861156 07/10/2019 07/10/2020 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ IX AUTOS ONLY X AUTOSONLY Pereccitlent S X UMBRELLA DAB X OCCUR EACH OCCURRENCE S 2,000,000 B EXCESS UAB CLAIMS-MADE Y US059861156 07/1012019 07/10/2020 AGGREGATE S 2,000,000 DED X RETENTION $ 10,000 S WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS' LIABILITY YIN A ANY PROPRIErORIPARTNERJEXECUTIVE ❑ NIA XWS59861156 07/10/2019 07/10/2020 EL. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE S 500,000 If yes, describe under 500,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT S Professional Liability Insurance EACH CLAIM $2,000,000 X MCH591937734 07/12/2019 07/17/2020 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) The City of Ashland, Oregon and its officials officers and employees are named as additional insured. Coverage is Primary and Non-Contributory as respects General Liability, Automobile Liability and Umbrella Liability. 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. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Control Systems NW LLC (RI t2) Personal Services agreement (Include names of parties to the document) Type of Document: Contract Lease ❑ Easement ❑ Deed ❑ IGA Other (SI) ecify) Dept Contact: Tami De Mille-Campos ACTION REQUESTED: Dept: Public Works Phone: Ext 242 [vl Review Draft Date submitted to Legal: 08'08/2019 ❑ Approve final and forward to: Draft due by: ASAP (Unless indicated, Legal wiii return document to you) Return Requested by: Tami De Mille-Campos Complete this section ONLY the first time this form is filled out. Has this document been previously worked on by the Legal Dept Staff? ® No ❑ Yes If yes, by whom? LEGAL DEPT First Date Received by Legal Date: By: USE ONLY Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: _ By: Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: i3 See Attached. d. I Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? ❑ No 1 Yes [il No ❑ Yes CITY ADMINISTRATOR / DEPARTMENT HEAD Please do not sign the attached document until this form has been approved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: Date: G:AIegal\DEPARTMENTSiContracfinglEORNtSlLegal Doc Transmittal - KLB.docx Purchase Order Fiscal Year 2020 Page: 1 of: 1 ENVO[C`^ F+ 1t flPih: rB UEC `rS, i B City of Ashland J ATTN: Accounts Payable Purchase L 20 E. Main 20200194 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us i V S `C/O Public Works Department E CONTROL SYSTEMS NW LLC H ' Wnburn Wa 22722 29TH DRIVE SE 1 51 y D STE 210 P iAshland, OR 97520 O BOTHELL, WA 98021 Phone: 541/488-5347 T Fax: 541/488-6006 O. Paula Brown 10/11/2019 4978 FOB ASHLAND OR Cit Accounts Pa able Instrumentation Water System 1 Instrumentation and control system support for water system 1 $25,000.0000 $25,000.00 Personal Services Agreement Completion date: 06730/2023 Project Account: Project Account: GL SUMMARY 081800 - 604100 $12,500.00 s 081900 - 604100 $12,500.00 s ti N ' 1. 7 ~ t 1 BY: Date:" a I ff I Authorized Signature i PO otal' $25,000.00 (7~ `l O CITY OF 0#3 A request for c Purchase Order ~ ASHLAND REQUISITION ate of request: 08/2012019 Vendor Name r✓ J Northwest Control 5 stems A RH2 Control Systems NW Address, City, State, Z({o Dt l 22722 29th Drive SE Bothell, WA 98021 Contact Name U q Eric Summers A 47), Telephone Number 425-951-5338 Email address esummers(a)rh2. SOURCING METHOD 41 ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: Cate F-1 Direct Award -(Attach copy of council communication) El State of # ❑ Verba quote(s) or proposal(s) of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contrail # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment El Written quote or proposal attached Date original contract approved by Council: El (3) Written proposals/written solicitation Dale approved by Council: (Date) _ (Attach copy of council communication) 0 Form A, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Instrumentation and control system support for water system $ 25,000'400 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 0 Per attached quotelproposal $ Project Number _ Account Number 0 8 1 9 0 0.5 0 4 1 0 B 1 5 0 0, 0 0 Project Number Account Number a e+ IS 0 0. 6 0 4 1 0 0 $ 1 2 5 0 0, 0 0 Project Number Account Number 'Expenditure 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: IT Director Date Support-Yes/No By signing this requisition form, f certify that -th(e~Ciity's public contracting requirements have been satisfied. Employee: A1~A /Y Y W[_6- & Department Head: f d' c-r zv r ,,IN (Equal o `rg aerthan$5,00 ) Department ManagerlSupervisor: City Administrator: 44 'S 1 11 I, -W (Equal to or great th $25,000) Funds appropriated for current fiscal year: YE / NO I OL' %I VPI I to l 3 /1 - Deputy Finance Director- (Equal to orgreaterthan $5,000) Date r t Comments: Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Kelly Madding, City Administrator From: Paula Brown, Public Works Director 11AI Date: July 31, 2019 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. Background The City owns and operates some electrically complex water facilities that are monitored by a SCADA system (Supervisory Control and Data Acquisition). These complex systems require programming and control integration expertise that Staff does not have. The Public Works Department proposes (as we have previously) to secure a contract with a SCADA Integrator to assist us in maintaining/repairing our water related SCADA systems. This contract is set-up on an as-needed basis, but the Integrator is also required to respond to after-hours emergency situations if necessary. SCADA systems contain sensitive information and the Public Works Department intends to use the Integrator we have been using for years. The contract amount is not to exceed $25, 000.00 and will expire on June 30, 2021. Funds are currently budgeted in the water treatment and distribution budgets. 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? The City does not have the personnel or resources to complete the work covered under this proposed contract. Requested by: Date: l a c-r ze /I "&C men Approved by: <f Date: v -5 c Kelly Madding. City:-44 inistrator Comments: Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 8/1/2019