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HomeMy WebLinkAbout2015-251 Contract - Portland Engineering Contract for Engineering Services CONSULTANT: Portland Engineering CITY OF -AS H LAND CONTACT: Josh Downs 20 East Main Street ADDRESS: 7675 High Banks Road, Suite 1, Ashland, Oregon 97520 Central Point, OR 97502 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-664-6200 FAX: 541-664-9094 EMAIL: jdowns(cportlandengineers.com DATE AGREEMENT PREPARED: August 31, 2015 BEGINNING DATE: September 7, 2015 COMPLETION DATE: June 30, 2017 COMPENSATION: Fee schedule attached as Exhibit C. SERVICES TO BE PROVIDED: Engineering services to include repairs, maintenance, and technical support and consulting services for the Waste Water Treatment Plant SCADA system and any related equipment that interfaces with the SCADA system. Services to be provided on an on-call basis as required for WWTP operations. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to an person (including injury resulting in death), or damage (including loss or destruction to property, of Contract for Engineering Services, Revised 08/31/2015, Page 1 of 5 whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services .attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Engineering Services, Revised 08/31/2015, Page 2 of 5 $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as a:)plicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant- City of Ashland By By FZ Signature Department Head Print Name Print Name era N-A-, ~.?!l 913 /,X Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AP FD As TO FORM Asho, st. City Attorney Dat (I~- Contract for Engineering Services, Revised 08/31/2015, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and I)inding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (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) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor'or services to be provided. I11 Contrac r (Date) Contract for Engineering Services, Revised 08/31/2015, Page 4 of 5 CITY OF ASHLAND, OOREGON EXHIBIT B City of Ashland LIVING WAGE . . per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer!,has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the projector the employee. ➢ For all hours worked under a business from the City of ' service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call 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 Contract for Engineering Services, Revised 08/31/2015, Page 5 of 5 TS Service 49 Fee Schedule • System Design • Scope of Work Development • Cost Evaluation and Estimation • Project Management $140.00/hour Ii • Construction Management • Software Specification, Procurement, Installation • Historian, MES, Data Systems Configuration • Training • HMI Application Development • PLC Programming • field Service $120.00/hour • Telephone and Remote Access Support • Wiring Diagrams • Panel Design • Administrative Services $55.00/hour Normal business hours are Monday through Friday, 5:00 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. Four hour 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. Terms - Net 15 days. A 1.5% per month interest fee will apply on all outstanding invoices. All applicable state and local tax fees apply- All standard fees are subject to change without notice. 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 711 Ave. Suite 200 Portland OR 97214 Tel: (503)256-7716 Fax. (503) 256-7679 Web: _ - In Central Point, OR at 7675 High Banks Road Suite 1 Central Point OR 97502 Tel' (541) 664-6200 Fax: (541) 664.9094 Emaic General Contractors License #135739 Washington Contractors License PORTLE1920OZ Revision zU13-0315 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 www.saif.com Oregon Workers' Compensation sa i F Certificate of Insurance rovocorporation Certificate holder: CITY OF ASHLAND WWTP 1295 OAK STREET ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Producer/contact Portland Engineering Inc Elliott Powell Baden & Baker 7675 High Banks Rd Ste 1 Elliott Powell Baden & Baker Central Point, Or 97502-9521 503.227.1771 Issued 07/01/2015 Limits of liability Policy 959635 Bodily Injury by Accident $1,000,000 each accident Period 07/01/2015 to 07/01/2016 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit Description of operations/locations/special items important This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. Authorized representative Kerry Barnett President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Policy_0 LCA_Ccrtif icate0f Insu rance A ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 6/25/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kim Schnetzk y PHONE -1117 FAX 15411342-8280 Ward Insurance Agency A/C (541)687 No EX M /C No)_ PO Box 10167 E-MAIL ADDRESS: kim@wardinsurance.net INSURER(S) AFFORDING COVERAGE_ NAIC 9 Eugene OR 97440 INSURERA:Cincinnati Specialty Underwriters 13037 INSURED INSURER B:Cincinnati Insurance Companies Portland Engineering, Inc. INSURERC:Commerce 6 Industr Ins Co 7675 High Banks Road Suite 1 INSURERD:Continental Casualty Company INSURER E : Central Point OR 97502 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 GL/AL/UMB/PROF/ POLL 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. INSR ADDL SUBR POLICY EFF POLICYEXP_--- LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/VVYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000 , 000 DAMAGE TO RENTED NC $ A CLAIMS-MADE X I OCCUR PREMISEEEa occurrence) 100,000 X I $1,000 BI/PD DED i X y CS00039055 7/1/2015 7/1/2016 MED EXP (Any one person) $ Excluded PER OCCURR PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER. - GENERAL AGGREGATE $ 2,000,000 POLICY X J j(RCT LOC PRODUCTS - COMP/OP AGG $ _ 2,000,000 OTHER: WA STOP GAP 1 IRII ITY $ 11000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000,000 Ea accident) ANY AUTO BODILY INJURY (Per person B ALL OWNED -~1 SCHEDULED ENP0148589 7/1/2.015 7/1/2016 BODILY INJURY (Per accident), $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE X $ X HIRED AUTOS AUTOS Per accident) $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 000,000 C EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5 , 0001 000 DIED I RETENTIONS ~i 1 EBU035825495 7/1/2015 7/1/2016 $ WORKERS COMPENSATION IPER OTH- EMPLOYRS' Y/N L.STATUTE ER ANYO PROPRIETOR/P RBTINFR/FXFCUTIVE 'i E1 . EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N / A, (Mandatory in NH) E.L. DISEASE - EA EMPL_OVEq $ It yes, describe under DESCRIPTION OF OPERATIONS Below E L DISEASE - POLICY LIMIT $ D !PROFESSIONAL LIABILITY 9. MCH288379629 7/1/2015 7/1/2016 LIMIT $2,000,000 POLLUTION LIABILITY DEDUCTIBLE $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space is required) City of Ashland, Oregon and its elected officials, officers and employees are named as additional insured on a primary and non-contributory basis including waiver of subrogation and completed operations per the attached CSGA4031 & CSGA4087. Designated construction project(s) general aggregate limit applies per attached CG2503. All when required by written contract. All is subject to policy limits, terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main St ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE -z M Holcomb/TRACES © 1988-2014 ACORD CORPORATION. All rights reserved. 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LL- O w o a O cn O U Q Q U A ^ Q V) w J W O r = 1 IL p. a m w v v ti = o a _-o J o c0 o ryf~= Q r ~ ° m a ~ ? a ~0 O LLI = LL~ a J O ° m a y W V) o n N o° ;O 'LL Of > o z (7 U) W > U 2 z z 2 e ¢ Q F- s N - F O <C 'j~n Fi, z LL (n 2 O Z w Q = z i w /It z L _ O w z z J' g - o = - cn r L= m a? =n~~ y p o a a a o ° - N 3C;d ~N" tip' No '°`nB~ n ~m<o m n° o~ ~~m m n a ~c mom y~o ~°i= ~~c m _ n`~r~n~ _01 o aDao n _ ~ 3 j DO ~o m~~ ~m~, Nao ~o~ aD -moo ~ m ~ v' d; Q ~ o n m a m d o~ m O m O n ti v -iic y- m v<o co m 3 < a olio _amomo mo r~m'°- m ~mm qa°~ oo~ mm mmfDO~ n E; m a°o:ap o~~m mN° Boni °aoat°~n=~~~Jo 'S O - O (p D N a O 3~ a N m~ R ~ o (D D' '"a m°gmmn rw a~~'~ad a~ m m~~ c~ a 3,~ m a m 3 y N m m m w T a 3 , 0 n 3 3 Q O d O s tD_ N N ip n N h a a v O N 71 ~ ry a 0 6 O 7 ~ - n ~ r' o h m^ n n o-~ ~ z a o a~ 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, 27913.060, 27913.065, 2798.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 27913.085 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 I of 2 owww, 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 1L, 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: XX 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 funds 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 rovide 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 d to support the SCADA (Supervisory Control and Data Acquisition) System which is a very unique an 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, 8/11/2015 Background: After an extensive RFQprocess, Portland Engineering was awarded a contract to oversee the WWTP SCADA system Lipgrade. 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 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 tines 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 specialized 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 W WTP 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) (i) 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, 27913.065, 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, 8/11/2015 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: (1f approved 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 (if 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, 279B.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.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 (lf posted August 19, 2015, the expiration date will be August 26, 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 Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3, 8/11/2015 Page 1 / 1 l CITY OF AS H LAND DATE PO NUMBER ,20 E MAIN ST. 9/9/2015 13110 ASHLAND, OR 97520 (541) 488-5300 i VENDOR: 008473 SHIP TO: Ashland WWTP PORTLAND ENGINEERING INC (541) 488-5348 7675 HIGH BANKS ROAD STE #1 1295 OAK STREET CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: contact: David Gies Special Inst: confirming? No Quantity Unit Description Unit Price Ext. Price Computer Software & SCADA Proqramminq 25,000.00 FY 16 - Estimate $25,000 FY 17 - Estimate $25,000 25,000.00 Contract for Enqineerinq Services Beqinninq date: September 7, 2015 Completion date: June 30, 2017 SUBTOTAL. 50 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL. 50, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 675.08.19.00.60410 50 000.00 VENDOR Authorized Signature COPY TO RTO ClITY O • -ASHLAND Date of request: S /a /J Required date for delivery: Vendor Name o QN Address, City, State, Zip Contact Name 13: Telephone.lumber Fa: Mumber SOURICOMS ~4,rirEETHM ❑ Exempt from Comoetifive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form zE13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than S5.000 ❑ Reguest for Proposal (Copies on tile) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract LL ❑ VerballWritten quote(s) or proposal(s) ❑ State of Washington Intern edlate Procurement ❑ Sole Source Contract T GOODS & SERVICES ❑ Applicable Form (r5,6, 7 or 8) ❑ Other government agency contract 55.000 to 5400.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form ##4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement SUN to S75.000 Form g9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment written quote of proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: 8-/8-(Date) ❑ Form #4, Personal Services $5K to 575K Valid until: - o - /.(Date-) T02all! ~mst ~M~~ ~P~ So•~fz~o r C S ~/g.Df! a ~ /f/of 2~o p x~c°t°q~ litena Quantify Unit Desclrip tlion my l[R& 'EF~' ALS Lri n et Psiee u o€a2~ Cost I 2117-PiL C1007 Per attached quotelproposal 5 7 7 'Expenditure must be charged to the appropriate account numbers rorthe financials to accurately reflect the actual expenditures. By signing this requisition fo ,1 certify t at the 's public contracting requirements have been satisfied. Empioyee: Department Head: <r 6? toore erthan$5,000) Department ManagerlSupervisor: Ckr Administrator. ` (Equal (Equal r greater than 525,000) M La- -