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HomeMy WebLinkAbout2021-139 PO 20220192- OS Engineering p Purchase Order Fiscal Year 2022 Page: 1 of 1 kl [ B City of Ashland ATTN: Accounts Payable20 E. Main Purchase L Ashla d, OR 97520 Order# 20220192 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H 0/0 Public Works Department E OS ENGINEERING I 5j1 Winburn Way N PO BOX 70413 P Ashland, OR 97520 O SPRINGFIELD, OR 97475 Phone: 541/488-5347 T Fax: 541/488-6006 - .sF fi..} _,-,e. IX'= 1QL —r_ :�i3 Ef;il� i �. _.�= = -- —�_- _. ----- - —z .. .� . (541) 373-3345 Scott Fleury == fe=arstered _=a 2[9r .i. 11/19/2021 - 1338 FOB ASHLAND OR'/NE-T30 City Accounts Payable I11+113IC__J - _ �Cl Irl _�_-- S�i�i�f[�— _—— __— c3 in:'' 3 Le On-call SCADA Services 1 On-call SCADA Integrator services to support the water 1.0 $30,000.00 $30,000.00 distribution division.Work to be billed on a time and materials basis using the costs found in the attached statement of qualifications. Personal Services Agreement(Greater than $25,000.00) Completion date: June 30, 2023 Project Account: Project Account: ***************GL SUMMARY*************** 081800-604100 $15,000.00 081900-604100 $15,000.00 By: Date: /J i , ( H 'CORM #3' 7°1-'7 CITY OF 'iti SHLAND REQt19IISQTIION Dateof.request: 09/29/2021 Required date`for.delivery: 10!0812021 Vendor Name OS Engineering Address,City,State,'Zip 63035 Plateau Dr.Bond,:OR 97001 Contact.Name&Telephone Number WaytonBowers,•641.639.44t84 Email address waylon,bowers@os-engr.com SOURCING.METHOD i ❑ exempt from Competitive Bidding 0 Invitation to Bid 0 Emergency I El.Reason for exemption: Date approved by Council: CL Form 1113,Written iindings;and Authorization AMC 2,50. (Attach copy of council communication) ! '0 Written quote or proposal attached • Written quote or proposal attached (If council approval required,attach copy of CC), 0 Small Procurement, 0 Request for Proposal Cooperative Procurement Not_exceedina$5,000Date approved by Council: 0 State of Oregon ❑ Direct Award ,.,__(Attach copy of council communication) Contractl/ ❑ VerballWritten bid(s)or proposal(s) 0 Rawest for QuaiifIce loos(Public.Works)• 0 State of Washington Date approved by Council: Contract ft ._(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(115,6,7 oro) Contract# Greater than$5,000andlessthan'$100,000 •❑ Written quote or proposal attached Intergovernmental Agreement t] (3)Written bids&solicitation attached 0 Form-114,Personal Services$5K to$76K Agency. PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000: Greater than$5;000 and less than$75,000 Valid until (Date) ' Agreement approved by Legal and approvedlsigned by © Less than$35,000,by direct appointment 0 Special Procurement City Administrator,AMC 2.60,070(4) , O .(3)Written proposals&solicitation attached 0 Form 119,Request forApproval ' ID Annual cost to City exceeds$25,000,Council p Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required;(Attach copy of council communication) Date approved'by Council: Valid until: (Date) Description of SERVICES Total Cost On•call SCADA Integrator services to support the water distribution division, Work to be billed on a • ,'•' time and materials basis using the costs found In the attached statement of qualifications. item# Quantity. Unit Description_of MATERIALS Unit Price Total Cost [11 Per attached-quotelproposaiTC7'41.cOST nt $ -n a Project Number _ Account Number , .. .i :~ ,. Account Number o 8 1 a 0 .0.8.0 4 1 a a Account Number a I .e o e.a it aloe 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director lmcollaboration with department to approve all hardware and software purchases: iT Director Date Supped-Yes/No By stgning this requisition form,l certify that tho City's public contracting requirements have been satisfied. . I , I Employee De/t :='. Department He: e. ..,�--. It . Z t#'�\IIIWI ,,or. 'cat,rthan$5 I D) Department Manager/Supervisor City Manager. '11.1..,,:41.2,g1/47S16010-z----- J (Equal to or greater than$25,0001'. Funds appropriated for current fiscal year. YES /NO ' -#th:-2.-J { Finance Director-(EgUal to orgreater then$6,000) Date (` Comments: Form 113-Requisition it Menlo TO: Gary Milliman,Interim City Manager FROM: Scott Fleury,Public Works Director DATE: November 9,2021 RE: City Manager Signature Needed for Personnel Services contract Background: Attached is a$30,000 personal services contract with OS Engineering for on-call(as needed) SCADA integrator services to support the water distribution',division. Your signature is requested on forms 3,4 and the contract itself asthis contract is greater than$25,000. SCADA integrator type work is very specialized and beyond the abilities of city staff. These services are critical to keepingour water system operational and having reliable contractor's such as OS Engineering available for on-call services is essential. Funds for this contract have been budgeted in this fiscal year. Council Action: None Other Relevant Information: None Insurance waived or reduced?No } Who to return to if different.'from sender? Tami Campos,PW Administrative Analyst Are all other signatures required collected?Yes Are all attachments listed included?Yes Attachments: Personal Services Contract Requisition Form Determination to Procure Personal Services CITY OF ASHLAND 20 East Main Street. TO 541488.6002 Ashland,Oregon 97520 Fax 541-0885311 Prftli www.ashland:or.us TTY: 800-735-2900 MIS CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Gary Milliman,Interim City Manager From: Scott Fleury,Public Works Director Date: 9/29/21 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 complex computer controlled water system components that require mperformawork on these computercontxolled systems. It is the not have the knowledge or training to the opinion specially professionals. City of the Public Works;Department that these services are best performed by specially trained professionals, as has been the case in the past. Pursuant to AMC2.50.120 ( ,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? Yes, City staff do not have the specialized knowledge or training to perform this work. Requested by: 1 141 Date: t1'42►1'4 Approved by: �1�\��`16" Date: ‘A\\\--td‘ Gary Mil iman,Interim City:Manager Comments: Form#4-Department.Head Determinations to Procure Personal Services,Page 1 of 1,111912021 PERSONAL SERVICES AGREEMENT (GREATER THAN $25,000.00) CONSULTANT: OLSSON INDUSTRIAL ELECTRIC,INC. CITY OF ASH LAND ADDRESS: PO Box 70413 20 East Main Street Springfield,OR 97475 Ashland,Oregon 97520 Telephone: 541/488-5587 TELEPHONE: 541-639-4484 Fax: 541/488-6006 EMAIL: waylon.bowers@'os-engrcom. This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Olsson Industrial Electric,Inc.,. a domestic business corporation ("hereinafter "Consultant"), for On-call SCADA Integrator services to support the water distribution division, 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 30,2023, 2. Scope of Work: Consultant will provide on-call SCADA Integrator services to support the water distribution division as more fully set forth in the Consultant's Proposal dated September 22;2021,. which is attached.hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to in this.Agreement as the"Work." 3. Compensation: City shall pay Consultant the hourly fee schedule rates as fully set forth in "Exhibit A".In no event shall Consultant's total of allcompensation and reimbursementunder this Agreement exceed the sum of$30,000.00(thirty thousanddollars and zero cents)without the express,written approvalfrom the City official whose signature appears below,or such official's successor in office. Payments shall be made within thirty(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. acceptedas of the date of termination. { 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this ! i Page 1 of& '.PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC. Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 5. All Costs Borne by Consultant: Consultant shall,at its own risk,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. 6. Qualified Work;. Consultant has represented, and by entering into this Agreement now represents,that all personnelassigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will_be assigned in a skilled manner and, if required to be registered, licensed, or bonded by the State',of Oregon,are so registered, licensed, or bonded. 7. Ownership of Work/Documents: All Work,work product, or other 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 279B.220,279B.230 and 279B.235. fi 9. Living Wage Requirements: If the amount of this Agreement is$22,002.43 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,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,costs,judgments,or other damages,caused solely by the gross negligence of City. 11. Termination: a. Mutual Consent. This Agreement maybe.terminatedat 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 thirty (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: 1. If City funding from federal,state,county or other sources is not obtained and • fi ' 1 Page 2 of& PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC. i I c 1 { 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 allowableor appropriate for purchase under this Agreement or are nolongereligible for thefunding proposed for payments authorized by this Agreement;or 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 the Work 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 suchnotice 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 dtherwise by City in the notice of termination.Further,upon termination,Consultant shall deliver to City all documents, information,works-in-progress and otherpropertj'that areor would bedeliverables 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 provido workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perforn.Work pursuant to this Agreement. Consultant is a subject employer thatwill comply with ORS 656.017. Page 3 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC. 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 assignmentor 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 Agreernent.if Consultant: commits any material breach or default of any covenant,warranty,certification, or obliigationunder 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 in its obligations tinder: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 milliondollars)per occurrence. This is to cover any damages caused by error,omission or negligent acts related to the Work 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 Liability 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 thirty(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 Worlcunder 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, completecopies 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. Page 4 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC.. { 16. Cyber Liability Coverage: Provider shall obtain and maintain throughout the terra of this Agreement,at Provider's sole.expense,Cyber,Liability and Technology Errors&Omissions insurance coverage with limits of not less than$1,000,009 (one million United States dollars) covering all costs and expenses arising directly or indirectly out of AI'sactions under this Agreement for any of the following: Cyber Liability Coverage: Provider shall obtain and maintain throughout the term of this Agreement, at Provider's sole expense,Cyber Liability and Technology Errors&Omissions Insurance coverage with limits of not less than$1,000,000 (one million United States dollars) covering all costs and expenses arising directly or indirectly out of AI's actions under this' Agreement for any of the following: j Breach,access to,or disclosure of any confidential or personal information, including but not Limited to,personal identifying information,financial account details,protected health information(PHI),passwords, or any other type of non-public information; and The loss of, damage to,corruption of, inability to access,or manipulation of data; and any damages for notification costs,credit monitoring expenses,forensic expenses,public relations expenses,or and other loss;any damage to'Customer's hardware or software; or related costs or expenses; 'and Loss of use of Customer's data,hardware,or software,limited to,personal identifying information, financial account details,protected health information(PHI),passwords,or any other type of non public information; and The loss of,damage to,corruption of,inability to access,or manipulation. of data; and Any damages for notification costs, credit monitoring expenses,forensic expenses, public-relations expenses, or any other loss; any damage to Customer's hardware or software; or related costs or expenses; and.Loss of use of Customer's1data,hardware,or software. 17. 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. 18. Consultant's Compliance.With Tax Laws: 18.1 Consultant represents and warrants to the City that: 18.1A.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 thatimplementor enforce any of the foregoing tax laws or provisions. Page 5 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CTTY OF ASHLAND AND-OLSSON INDUSTRIAL ELECTRIC,INC. } 18.1.2 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 3`05.620 and ORS Chapters 316,.317,and 318; (ii) Any taxprovisions 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. 19: Notice. Whenever notice is required or permitted to be given under-this Agreement,such notice shall be given in writing,to the other party by personal delivery,by sending via a reputable. commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid, orr by electronically confirmed at the address or facsimile number set forth below: If to the City: With a copy to: City Department City of Ashland—Legal Department Attn:I{evin Caldwell 20 E.Main Street 20 East Main Street Ashland, Oregon 97520 Ashland,Oregon 97520 Phone: (541)488-5350 If to Consultant: OLSSON INDUSTRIAL ELECTRIC,INC. PO Box 70413 Springfield,OR 97475 20. Governing Law. This.Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under 9 this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in,federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an actionunder this Agreement in any other venue,and expressly consents that,upon motion of the other party,any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue; 21. Amendments. This Agreement maybe amended only by written instrument executed by both parties with the same formalities as this Agreement. 22. 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 toallow 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 Page 6 of S: PERSONAL SERVICES AGREEMENT BETWEEN TilE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC. 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. 23. 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. 24. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C"and incorporated herein bythis.reference. IN WITNESS WHEREOF the parties have,caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. j 1 . 1 Page 7 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC, • • CIT 0 • SHLAND: OLSSON INDUSTRIAL ELECTRIC,INC. (CONSULTANT): By riggavarazir Gary Mailman, City Manager Pro Tem By: IUE2011.11,09 11:18.11241f07 Signature v\V -2A WayIon Bowers, PE Date Printed Name Principal Engineer Title Purchase Order No. 7—Fov -os.--e0 11/09/2021 Date Oil is to be,submitted with this signed Agreement) APPROVED AS TO FORM: 6,5\1 iltjan-t Cit\ljE° 10-26-2021 Date Page 8 of 8: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND OLSSON INDUSTRIAL ELECTRIC,INC. EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described CityWAG E below must complywith of Ashland laws regulating •a ment of a livin• wale. $15.96.-,per hour,feffective June 301 ,2021.`: • l; The Living•Wage is adjusted°annually eveiry June 30 by the=_Consumer;PapeIndex. Employees must be paid a portion of business of their 401K and IRS eligible living wage: 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 project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of > Note: For temporary and employer and the City of $22,310.46. part-time employees,the. Ashland if the contract Living Wage does not apply exceeds$22,310.4 or more, > If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For ➢ For all hours worked)n a and Recreation Department. more details,please see month if the employee spends Ashland Municipal Code 50%or more of thei ➢ In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care,retirement, { For additional information: Call the,Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,20 East Main Street,Ashland,Oregon 97520,or visit the City's website at www.a,shland.or.us, Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF. ASHLAND Page 1 of L :EXHIBIT B . j EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative,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) 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 s. 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 this Agreement 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)the work under the Agreement shall be performed in accordance with the highest 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. WB (1)Consultant carries out the work or services ata location separate from a private residence or is in a specific portion of a private residence,set aside as the location of the business. WB (2) Commercial advertising or business cards or a'trade association membership are purchased for the business. WB (3)Telephone listing is used for the business separate from thepersonal residence listing. WB (4)Labor or services are performed only pursuant!to written contracts. WB (5)Labor or services are performed for two or more different persons within a period of one year, WB (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. galllanad by Weylan T..®tiaFtEc DN:CaUD.EyYraYlon.bonnm�mgncan.OU•.. 0.09 0214 1 GNAW-0 lon T.BeWe2,PE• Dale;2O21.1t,0811;18A6Oa'OC Consultant's signature 11/09120 1 Date di Page I of 1: EXHIBIT C { CS ENGINEERING PROP'OSAL ,FOR INTEGRATOR SERVICES 9 I ) September 22,2021 I E City of Ashland—Public Works. 23 20 East Main St Ashland,:OR 97520 I � Attn: Kevin Caldwell RE: WATER:DISTRIBUTION&TREATMENT PLANT INTEGRATOR SERVICES PROPOSAL Dear Kevin, Thank you'for the opportunity to provide you our proposal forWater Distribution&-Treatment Plant Integrator Services. Please find an outline of-our proposal attached tothis document. OS Engineering has a long history of providing integrator and electrical engineering services to public utilities including the City of Ashland. We have included examples of services provided in the attached Statement of Qualifications as well as rates for anticipated team members. Thank you for taking time'to review our proposal,analyzing our qualifications,and considering our long history of providing quality services to the public utilities in the State of Oregon. Sincerely, Waylon Bowers OS Engineering 63035 Plateau Dr Bend OR,97001 541-639-4484 waylon.bowers@os-engr.com I 1 • ttt7 I ' I +7 63035:Plateau Dr ■ Bend,OR 97701 'R Phone(541)628-4484 ■ Fax(541)+505.8917 • I ! STATEMENT OF QUALIFICATIONS ' Overview OS'Engineering is an engineering consulting firm specializing in control and power system services.Our team includes professional engineers,technicians,and electricians with many years of experience in utility control and electrical systems.Our engineers are registered in multiple states,including Oregon. We provide services from feasibility analysis to commissioning and all stages.in.between.There is no step in the processfor which we will not provide engineering support:for our customer's control and electrical power challenges. Some specific services we provide include: Automation Systems • SCADA systems complete from design to integration.We(specialize in open system architectures but support proprietary systems as well. • PLC&HMI design and programming • Intelligent electronic device programming and integration Power System Design • Project feasibility analysis. • Preliminary and detailed system design • Specifications and bid documents Submittal evaluation and award analysis • Services during construction and supervision • Component programming and commissioning • As constructed and troubleshooting:support Power System Analysis • Arc flash hazard analysis • Short circuit,coordination,and power flow analysis • Equipment duty evaluation • Transient and harmonic analysis Other Services • Troubleshooting • Thermal.Infrared Studies • Data collection and analysis including: - IEEE 519 harmonic compliance - Power factor and load measurement and.analysis $ - Transient measurement and analysis • Commissioning engineer services • Power system inspection and certification City of Ashland Statement of Qualifications 1 1 Water Distribution&Treatment Plant Integrator Services COST PROPOSAL Description of Work We understand the purpose of the proposed contract is to provide Integrator services for the City of Ashland's Wastewater Treatment Plant on an on-call,as needed and/or project basis. Hourly Fee Schedule The key personnel identified to provide Integrator engineering services to the City of Ashland are Waylon. Bowers,P.E,Brian McEnulty,P.E,and Jeremy Browning. Electrical construction,services will be typically provided by various competent Journeyman electricians based on skill set required and availability.. The rates applicable to these personnel are listed below. Classification: Description Rate Waylon Bowers,P.E./ENGR 5 ' Principal Engineer '$ 180.00 Brian McEnulty/EN. GR44 Senior Engineer $ 148.00 Jeremy Browning/ENGR 3 Lead Engineer $ 122.00 Electrical Construction 4th'Stage Apprentice $ 49.50 Electrical Construction 8th Stage.Apprentice $ 64.25 Electrical Construction Journeyman $ 79.00 Electrical Construction Foreman $ 91.00 Electrical Construction General Foreman $ 95.25 Electrical Construction Project Superintendent $ 106.25 Electrical Construction General Superintendent '$145.50 BillingApproach OS Engineeringintends to bill Integrator services and travel time to/front site at the rates listed above. Travel time to and from the Water Treatment Plant is estimated at three hours each way or six hours, round trip. As OS Engineering utilizes company vehicles,mileage will not be charged to the City of Ashland. It is'suggested that OS Engineering be granted remote access via VPN for troubleshooting simple issues that do not require an on-site presence in an effort to ensure.no-travel time is incurred andto reduce costs to the City of Ashland. No overtime or premiumrates are charged for engineering services at any time. Electrical construction laborwillbe charged at the rates listed above. Electrical construction does not charge travel time or mileage but does charge a:subsistence fee of$140 per day for travel beyond 60 miles of the OS office in Springfield,OR.Overtime applies to all hours over 10 per day,40 per week,off- shift work and Saturdays. Double time applies to Sunday andHolidays. Physical Response Times For services requiring an on-site presence,response times for engineering and electrical construction are estimated at four hours. For services that'do not require'an on-sitepresence response times for Integrator services are estimated to be immediate or within one hour of the initial call, � 1 City of Ashland Cost;Proposal 1 Water Distribution&Treatment Plant Integrator Services ' 1 GI DATE(MMIDD/YYYY) A A CERTIFICATE OF LIABILITY INSURANCE 10/26/2021 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(les)must have ADDITIONAL INSURED provisions or be endorsed, If'SUBROGATION IS WAIVED,.subject to the terms and conditions of the policy, certain policies mayrequire an endorsement. •A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME; Marsh USA Inc. PHONE FAX 1301 5th Avenue Suite 1900 WC.No.Ext) (ALC.Not: Seattle,WA.96101 EMAIL Attn:seattle.certrequest@marsh.com ADDRESS: ;INSURER(S)AFFORDING.COVERAGE NAICtI CN101923908-NAES•GAWUE-21- . OS Eng INSURER A:Zurich American Insurance Company 16536 INSURED0142 E LURED Industrial Electric,Inc. INSURER B:American Zurich Insurance CoCm dba OS Engineeing INSURER C:N/ANfA 1180 NW Maple Street,Suite 200 INSURER 0:Berkley Assurance Company Issaquah,WA 98027 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-003270810.47 REVISION NUMBER 18 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. LTR TYPE OF INSURANCE ANSA SWVD POLICY NUMBER (MMIODmYY) (MMIDDTYYXYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X GL05574116-08 05)20/2021 ,05/2012022 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED" CLAiMS•MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 X SIR$200,000 MED EXP(Any one person) $ 10,000 PERSONAL a ADV INJURY $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X.,POLICY I I JECT ri LOC PRODUCTS.-COMP/OP AGG $ 4,000,000 OTHER: 05/20/2021 5/20/2022 $ A 'AUTOMOBILE LIABILITY X BAP9830191-11 OaaBcN $ M $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident).$ AUTOS ONLY „ AUTOS , HIRED NON-OWNED PROPERTY DAMAGE .$ AUTOS ONLY .�AUTOS ONLY (Per occident) COMP/COLLDED $ 5,000 UMBRELLALIAR OCCUR X EACH OCCURRENCE. 5 EXCESS.LIAB CLAIMS•MADE AGGREGATE $ DED RETENTION$ , .5 B WORKERS COMPENSATION WC5574117-08'(AOS) 05120/2021 05120/2022 x PEATUTE' 0ETH x AND EMPLOYERS'LIABILITY 2,000,000 B Y/N WC5574118-08(WI) 05/20(2021' 05/20/2022 ANYPROPRIETORIPARTNEWEXECUTIVE El.EACH ACCIDENT $ OFFICERiMEMBEREXCLUDED? N N1A (Mandatory In NH). E.L.DISEASE-EA EMPLOYEE 5 2,000,000 Ifyes,describe under 2,000,000 DESRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S D Professional Uabllity PCAB-5014482.0521 .05/20/2021 05/20/2022 Limit: 2,000,000 SIR:$200,000 DESCRIPTION OF OPERATIONS i LOCATIONS(VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 3 The City of Ashland,Oregon and Its elected officials,officers and employees are Included as additional insured where required by written contract and allowed by law with reaped to General Liability and,Auto Llabllity.This insurance shall be primary and non-contributory and limited to Habilily arising out of the operations of the,named insred when required by written contract.Employers Liability includes stop"gep coverage for monopolisticstates, Stop Gap Is included in the(AOS)WC policy. I • . CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland,OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I t44d W.Stg"Toed,, ©1988-2016 ACORD CORPORATION. All rights reserved, ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 ` I AGENCY CUSTOMER ID: CN101923908 LOC#: Seattle, ACISPRO® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Olsson Industrial Electric,Inc, dba OS Engineeing POLICY NUMBER 1180 NW Maple Street,Suite 200 Issaquah,WA 98027 CARRIER NAIC CODE d EFFECTIVE DATE: (' ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM.NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Cyber Liability!NetworkSecurity Liability:Policy#:C•4LX0.063362•CYBER•2021;Carrier:North American Capacity Insurance Company.51%,Lloyd's of London-49%;05/20/2021 to 05/20/2022;SIR:$100,000 Umll:$1,000,000 • • { I ! I { ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD }