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HomeMy WebLinkAbout2020-040 PO 20200383- RH2 Control Systems NW • Purchase Order 11,4111 Fiscal Year 2020 Page: 1 of: 1 B City of Ashland L ATTN:Accounts Payable Purchase L 20 E. Main 20200383 Ashland, OR 97520 Order# T Phone:541/552-2010 0 Email: payable@ashland.or.us E RH2 CONTROL SYSTEMS NW H CIO Public Works Department N 22722 29TH DRIVE SE I 51 Winburn Way p Ashland, OR 97520 N STE 210 OR BOTHELL,WA 98021Phone: 541/488-5347 T Fax: 541/488-6006 Paula Brown --- 04/03/2020 4978 FOB ASHLAND OR/NET30 City Accounts Payable _ nr �r a _r -y`_-fir iiaa E. WTP Control System • 1 Water Treatment Plant Control System Improvements 1 $24,518.0000 $24,518.00 Personal Services Agreement(less than$25,000.00) Completion date:06/30/2025 Project Account ***************GL SUMMARY*************** 081900-604100 $24,518.00 • • • • By: Date: J/6I I LO Authorized Signature. -i= =- $24 518.00 • FORM#3CITY OF A req f d thrti��r. ,� ,,�c' , � �,% ---/ ASHLAND REQUISITION - Date of request: 04103!2020 Vendor Name Northwest Control Systems LLC DBA RH2 Control Systems NW Address,City,State,Zip 22722 29th Drive SE Bothell,WA 98021 ._ Contact Name " Eric Summers • ' Telephone Number 425-951-5338 Email address esummers(a)rh2.com SOURCING METHOD 0 Exempt from Competitive Bidding 0 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 quote or proposal attached _(Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) 0 State of Oregon . ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) 0 State of Washington Intermediate Procurement 0 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 Contract# PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Form#9,Request for Approval ❑ Agency ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original-contract approved by Council: ❑ (3)Written proposals/written solicitation Date approved by Council: . (Date) 0 Form#4, Personal Services$5K to$75K Valid until: (Date) _(Attach copy of council communication)- Description of SERVICES Total Cost Water Treatment Plant Control System Improvements $24,518.00 • item# Quantity Unit Description of MATERIALS, Unit Price Total Cost • • TOTAL COST 0 Per attached quote/proposal $ Project Number • Account Number 0 8 1 0 0 0.6 0 4 1 0 o ) 5_,_ 2 4,5 1 5.0 o Project Number _ _ Account Number - $_,_--I___•__ ' 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,I certify that the City's public contracting requirements have been satisfied Employee: ,!MO A) /21t/, C-'reA449,0#3 Department Head: A. ..--.0r-------- to or greater than$5,000) • Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year:®/NO (/L 1.0.g_O Deputy Finance Director-(Equal.to or greater than$5,400) Date Comments: Form#3-Requisition _ I FORM #3 �� CITY OF A request for a Purchase Orde T0'0 ''e P © ASHLAND REQUISITION Date of request:. 04/03/2020 Vendor Name Northwest Control Systems LLC DBA RH2 Control Systems NW Address,City,State,Zip .22722 29th Drive SE Bothell,WA 98021 Contact Name Eric Summers Telephone Number 425-951-5338 . • Email address esummersRrh2.com SOURCING METHOD _ ❑ Exempt from Competitive Bidding 0 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 quote or proposal attached _(Attach copy of council communication) _(If council,approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal (Copies on file) Cooperative Procurement Less than$5,000 ❑ State of Oregon Date approvedCouncil: I=1 Direct Award - byContract# ❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# , GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) 0 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 Contract# PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Agency _ ■ Less than$35,000,bydirect appointment ❑ Form#9,Request'for Approval Date original contract approved by Council: ❑ PP ❑ Written quote or proposal attached Date ID (3)Written proposals/written solicitation Date approved by Council: (Date) I] Form#4, Personal Services$5K to$75K Valid until:_ ___ _ _ __,(Date) —(Attach copy of council communication) Description of SERVICES Total Cost Water Treatment Plant Control System Improvements $,24;518;00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost '_TOTALCOST ❑■ Per attached quote/proposal $,. , ' Project Number • Account Number 0 8 1 9 0 0.6 0 4 1 0 0 $ , 2 4,5 1 8.0 o ., f .. Project Number -_ _ _ Account Number ' 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,I certify that the City's public contracting requirements have been satisfied. Employee:k l a r 1 D OffilAiii��j y Department Head: ' (Equal to or greater than$5,000) Department Manager/Supervisor: \ City Administrator: - _ (Equal to,or greater than$25,000) Funds appropriated for current fiscal year: YES/NO Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: - Form 113-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 Date: March 23, 2020 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$24,518.00 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: � l Date: 3 ,94a ad Department Head Approved by: Date: Kelly Madding,City Administrator Comments: Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 1,4/312020 PAGE NO. 1 OF 15 PAGES PERSONAL SERVICES AGREEMENT(less than $25,000.00). CONSULTANT: Control Systems NW,LLC CITY OF ASHLAND CONSULTANT'S CONTACT: Eric Summers 20 East Main Street ADDRESS: 22722 29th Drive SE,Suite 210 Ashland,Oregon 97520 Bothell,WA 98021 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 425.951.5338 • EMAIL: esummers@rh2.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 foreign limited liability company ("hereinafter"Consultant"),for Water Treatment Plant Control System Improvements. 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 fmal payment therefore,but not later than 06/30/2025. 2. Scope of Work: Consultant will provide Water Treatment Plant Control System Improvements,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,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. I • 7 1 • • PAGE NO.2 OF 15 PAGES 6. Compensation: City shall pay Consultant for its Work at the hourly rates and prices set forth in the CONTROL SYSTEMS NW LLC 2020 SCHEDULE OF RATES AND CHARGES,which is attached hereto as Exhibit"D,"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$24,518.00 (twenty-four thousand five hundred and eighteen 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 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. All reuse not occurring as • part of this Work shall be without liability to the Consultant. 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. 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 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 the City,its officers, employees,and agents harmless from any and all losses,claims,actions,costs,expenses,judgments, subrogations,or other damages resulting from injury to any person(including injury resulting in death), or damage(including loss or destruction)to property,of whatsoever nature to the extent arising out of the negligent performance of this Agreement by Consultant(including but not limited to,Consultant's employees, agents,and others designated by Consultant to perform Work or services attendant to this Agreement). However,Consultant shall not be held responsible for any losses,expenses,claims, subrogations,actions,costs,judgments,or other damages,caused solely by the negligence of the City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties: b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days'prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,in whole or in part,effective upon delivery of written notice to Consultant,or at such later date as may be established by\City under any of the following conditions: • i. If City funding from federal,state,county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; t 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 Page 2 of 7: Personal Services Agreement between the City of Ashland and Control.Systems NW,LLC • PAGE NO. 3 OF 15 PAGES 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 ' 4. committing the breach has not entirely cured the breach within fifteen(15)days of the date . of the notice,or within such other period as the party giving the notice may authorize in writing,then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within any extension thereof iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b,or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b, c,or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination.Further,upon termination, Consultant shall deliver to City all Agreement documents,information,works-in-progress and, other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by City of any assignment or subcontract of the Work shall not create any'contractual relation between the assignee or subcontractor and City. Page 3 of 7: Personal Services Agreement between the City of Ashland and Control Systems NW,LLC • PAGE NO.4 OF 15 PAGES ' • • 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty,certification,or obligation under the Agreement; institutes an action for relief in bank uptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; ceases doing business on a regular basis of the type identified in its obligations under the Agreement;or attempts to assign its 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,and for not less than twenty-four(24)months following the completion of all Work. Consultant shall be responsible for furnishing certification of"tail"coverage as described herein or • continuous"claims made"liability coverage for twenty-four(24)months following the completion of all Work. Continuous"claims made"coverage is acceptable in lieu of"tail"coverage provided its retroactive date is 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)foreach accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles,as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days'prior written notice fiom the Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon,and its elected officials,officers and employees as Additional Insureds on any insurance policies,excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement.The consultant's insurance is primary and non-contributory.As evidence of the insurance coverages required by this Agreement,the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested,complete copies of insurance policies;trust agreements,etc.shall be provided to the City. The Consultant shall befinanciallyresponsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. APPR [O AS TiP F RM . As and As .City ttomoy Date �L%t�vrvL �/, OZt� • Page 4 of 7: Personal Services Agreement between the City of Ashland and Control Systems NW,LLC PAOE NO. 5 OF 15 PAGES • 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 identityor source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further,Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business,a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: • 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: • (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS ,Chapters 316,317,and 318; (; 4 (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 regard to conflict of laws principles. Exclusive venues for litigation of any action arising under 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 action under this Agreement in any other venue, 19. THIS AGREEMENT CONSTITUTE THE ENTIRE UNDERSTANDING 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. • • Page 5 of 7: Personal Services Agreement between the City of Ashland and Control Systems NW,LLC •• PAGE NO. 6 OF 15 PAGES • - 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. Notice. Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party as follows: by personal delivery; by sending via a reputable commercial overnight courier; or by mailing using registered or certified United States mail,return receipt requested,postage prepaid,to the address(es)set forth below: - • If to the City: City of Ashland—Public'Works Department Attn: Kevin Caldwell 20 East Main Street ' • Ashland, Oregon 97520 . . f • With a copy to: • \ . City of Ashland—Legal Department \ 20 East Main Street Ashland, Oregon 97520 Phone: (541)488-5350 • If to Consultant: Eric Summers — • Control Systems NW,LLC 22722 29TH Drive SE,Suite 210 Bothell,Washington 98021 • 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 to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City,effective upon the delivery of written notice to Consultant,with no further liability to Consultant. • • Page 6 of 7: Personal Services Agreement between the City of Ashland and Control Systems NW,LLC PAGE NO..7 OF 15 PAGES 23. Certification. Consultant shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this 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. • CITY OF ASHLAND: CONTROL SYSTEMS NW,LLC(CONSULTANT): By:4/L.(4/.6—L. ze ."–&4 By: • ••• Signature - Public Works Director • "944/..“— &hp eAf ' 13_ It g . Printed Name Printed Name • 3'A/°ee/c Zo7.v —1)(rC',t.---tb� Date Title Date •Purchase Order No. ('W9 is to be submitted with this signed Agreement) • i • • APPRO.ED AS T",F RM •sui and Ass.City Attorney Date_ / Zv Zv Page 7 of 7: Personal Services Agreement between the City of Ashland and Control Systems NW,LLC PAGE NO. 8 OF 15 PAGES EXHIBIT A Scope of Work City of Ashland •• Water Filtration PC Improvements March 2020 - I Background The City of Ashland (City) needs to update two (2) local operator workstation personal computers (PCs) at the water filtration plant utilized for the City's supervisory control and data acquisition (SCADA) system. The PCs operate on an outdated Microsoft platform and updates are no longer • available. The City also requires remote access to these workstations for use with existing City ThinManager software.The City has asked Control Systems NW, LLC(CSNW)to develop a migration path from the existing PCs operating on Windows 7 to a new hardware platform utilizing two(2)new local servers with a newer Windows Server2016 R2 operating system. Scope of Services CSNW will furnish design, labor, materials, and software development for the water filtration plant PC improvement project. In addition,CSNW will work with the.City in a team setting to coordinate deliverables and accomplish the project in a timely fashion to meet the City's needs. This Scope of Services includes: • • Task 1: Project Administration Services • Task 2: Project Design • Task 3:Software Development 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 protect scope,schedule, and budget. Approach: 1.1 Monitor the project scope, budget, and schedule. Provide updates, attend progress meetings, !` j and provide monthly invoices to the City., 1.2 Coordinate with subcontractors,or contractors,as warranted. Assumptions: • It is assumed Task 1 will be necessary for the duration of this contract. • CSNW staff will facilitate and attend one 0J allocated project meeting. • • City staff will be available to attend necessary project meetings. • • 1 i 1 3/16/2020 1:33:54 PM Z:\ControlSystemsNW\Operations\0ata\COA\COAWF\C20-000X COA WF PC Improvements\09 PM\COA_SOW WF PC Improvements.docx 1 1 PAGE NO. 9 OF 15 PAGES City of Ashland Exhibit A Water Filtration PC Improvements Scope of Work • CSNW Deliverables: - i • Monthly invoices in electronic PDF format. • • Project schedule updates in electronic PDF format. • Task 2— Project Design Objective: Provide design of two (2) new operator workstations utilizing server hardware obtained by CSNW and Windows server software licensing provided by the City. Approach: 2.1 Develop specifications for two (2)servers with Falcon Development for SCADA operation. 2.2 Coordinate with the City to provide Windows Server 2016 R2 software licensing. 2.3 • Coordinate with the City to provide Windows Server RDS device CAL software licensing. Assumptions: • Design will be based on CSNW's knowledge of the existing system, necessity of•network security, and the City's requirements for remote desktop access utilizing ThinManager software. Communication with the City on expectations for the new workstations and • coordination for receipt of Windows Server software licensing is required to maintain schedule and budget costs. • Design does not include remote access through a specially configured Virtual Private Network (VPN).Additional services for development of remote access can be negotiated at a later date, if needed. • CSNW will rely on the accuracy and completeness of data and information provided by the City or others in relation to this Scope of Work. Provided by City:. • Two (2)Windows Server 2016 R2 software licenses for use with four(4)virtual machines. • Five (5)Windows Server RDS device CAL software licenses. CSNW Deliverables: • • Two (2)server workstations for SCADA operation. Task 3— Software Development i ! Objective: Provide software development and integration services for two (2) new server workstations. Current Wonderware SCADA software,current Win911 software, and licensing to be transferred from the existing workstations to the new servers for operation of the plant from two(2) separate locations. Provide one (1) remote desktop session from City local area network utilizing ThinManager software and existing Wonderware view only licensing for remote viewing. • 2 3/16/2020 1:33:54 PM Z:\CantrolSystemsNW\0perations\Data\COA\COAWF\C20-o00X COA WF PC Improvements\09 PM\COA_SOW WF PC lmprovements.docx • PAGE NO. 10 OF 15 PAGES City of Ashland Exhibit A Water Filtration PC Improvements Scope of Work Approach: • 3.1 Field verify new Wonderware ethernet drivers will work efficiently with SCADAPack processors versus the existing Wonderware serial drivers. 3.2 Receive two (2)server workstations based on design task and set up lab at'CSNW office for software migration. 3.3 Migrate existing Wonderware software, drivers, and SCADA application from existing workstations to new•workstations, 3.4 Coordinate with City IT for access to the existing Smart Glance server for software extraction. 3.5 Work with City IT for proper port rule setup of the City firewall for local area network remote desktop services(RDS)session. 3.6 Test single server on system to verify — I gfy proper operation and deploy the second server. 3.7 Procure two (2) servers , and one (1) network attached storage device from Falcon Development. 3.8 Provide training services to City staff for new systems,system updates,or installed equipment. Assumptions: • Initial software integration development and testing will occur offsite. • City currently possesses required client licensing for view only clients and licensing required for RDS services. Wonderware may require additional licensing, which will be purchased by the City directly. • City to provide all Wonderware and Windows Server Licensing. • CSNW will perform the services described up to the amounts included in the attached Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City and CSNW. • CSNW will rely on the accuracy and completeness ofdata and.information provided by the City or others in relation to this Scope of Work. Provided by City: • • Access to required facilities. • Current software programs for processors and operator interfaces. • Wonderware licensing. • Windows server licensing. • Windows Server RDS CAL licensing, • Workstation monitors and control devices. - I 3 3/16/2020 1:33:54 PM Z:\ControISystemsNW\OperatIons\Data\COA\COAWF\C20-0O0X COA WF PC Improvements\09 PM\COA SOW WF PC Improvements.docx • PAGE NO..11 OF 15 PAGES City of Ashland Exhibit A Water Filtration PC Improvements Scope of Work CSNW Deliverables: • Per specifications and cost agreed upon by the City, CSNW will coordinate with Falcon Development for the server configuration. • Two (2) server workstations for SCADA operation. • One (1) network storage drive for additional storage and image backups. • Remote access of one(1)workstation from City local area network. • Software backups for control and SCADA equipment In digital format. • Training services to 'consist of one (1) 4-hour session for operations and maintenance personnel. PROJECT TERM ' Services to commence upon execution of the agreement with an expiration of April 30, 2020. I � FEE FOR SERVICES The fee for services shall be on a time-and-expense basis.The fee for services shall not exceed$24,518 without prior written authorization of the City. • • • • • 4 • 3/1G/2020.33:S4PM Z:\ControlSystemsNW\OperatIons\Data\COA\COAWF\C20Ao0XCOAWF PC Improvements\09PM\COA_SOW WF PC Improvements.docx PAGE NO. 12 QF 15 PAGES • r.XH1RYT R CITY OF ASHLAND, OREGON City of Ashland- LIVING ALL employers described .VVAG E below must comply with City of Ashland laws regulating payment of a living wage., $15.39 per hour, effective June-30, 2019. Wel The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their , of health care,retirement, living wage: , employer,if the employer has 401K and IRS eligible ten or more employees,and cafeteria plans(including has received financial childcare)benefits to the > For all hours worked under a assistance for the project or amount of wages received by business from the City of the employee. service contract between their and the Cityof Ashland in excess of employer $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 hoursAshland, including the Parks to the first 1040 hours worked D For all worked in a month the employee spends and Recreation Department. ; in any calendar year.'For 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 - 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, 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. K • CITY OF • ASHLAND 8 - f • I ; • • PAGE NO. 13 OF 15 PAGES �7QIIBIT C • CERTIFICATIONS/REPRESENTATIONS: Consultant,by arid through its authorized representative,under penalty of per jury,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)the work under the Agreement shall be performed in accordance with the highest local 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. ' Oa, (3)Telephone listing is used for the business separate from the personal residence listing. A-45 (4)Labor or services are performed only pursuant to written contracts. 12-1-4 (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. • • 1-1/Z/Z.,P - Consultant Date • • 7 • J PAGE NO. 14 OF 15 PAGES EXHIBIT D • 1 CONTROL SYSTEMS NW LLC • 2020 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT • Professional I $142 $/hr Professional II $155 $/hr - Professional III $166 $/hr Professional IV $182 $/hr Professional V - 4$193 $/hr Professional VI $209 - $/hr Professional VII $222 • $/hr Professional VIII $229 $/hr • Professional IX $229 $/hr Control Specialist I $128 $/hr Control Specialist II $139 $/hr Control Specialist III $152 $/hr Control Specialist IV $165 $/hr Control Specialist V $175 $/hr • Control Specialist VI $186 $/hr , Control Specialist VII $203 $/hr • Control Specialist VIII $209 $/hr Technician I $105 $/hr Technician.II $116 $/hr Technician III • $133 $/hr Technician IV $142 $/hr • Technician V $156 $/hr . Technician VI $171 $/hr Technician VII $185 $/hr Technician VIII $194 $/hr Administrative I $71 $/hr Administrative II $82 $/hr Administrative III $97 $/hr Administrative IV $115 $/hr Administrative V $136 $/hr ` CAD/GIS System $27.50 $/hr CAD Plots-Half Size $2.50 price per plot CAD Plots-Full Size $10.00 price per plot CAD Plots-Large . , $25.00 price per plot Copies(bw)8.5"X 11" $0.09 price per copy Copies(bw)8.5"X 14" $0.14 price per copy Copies(bw)11"X 17" $0.20 price per copy Copies(color)8.5"X 11" $0.90 price per copy _ Copies(color)8.5"X 14" $1.20 price per copy Copies(color)11"X 17" $2.00 price per copy Technology Charge 2.50% • • %of Direct Labor price per mile Mileage $0.575 (or Current IRS Rate) Subconsultants 15% Cost+ Outside Services at cost • • Rates listed are adjusted annually. • PAGE NO. 15 OF 15 PAGES Fee Estimate City of Ashland • Water Filtration PC Improvements Feb-20 • • • • Total Description Hours Total Labor Total Material/Sub Total Expense Total Cost . Task 1 Project Administration Services 1 6 1$ 988 I$ -($ 25 I$ 1,013 . Task 2 Project Design I 9 1'$ 1,622 1$ -1$ 41 1$ 1,663 • Task 3 Software Development I 50 1$ 9,822 1$ 11,630 I$ 390 1$ 21,842 I PROJECT TOTAL • 65 $ 12,432 I $ 11,630 I $ 456 I $ 24,518 • • • • • ' I1 r I � If • • • { •• • Pcorp.rh2.cam1dls1ConlmlSyslemsNWIOperallonslOalaNCOMCCAWRC20.099X COA WF FC Improvamenls'sO Take OIr91CSNWCOA WF PC Improvemenls2 311812020 1:39 PM 1 3/23/2020 Business Registry Business Name Search Business Registry Business Name Search C New Search Business EntityData 03-23-2020 10:46 Registry Nbr Entity_ Entity Jurisdiction Registry Date Next Renewal Renewal Due? Type Status Date 1565822-99 FLLC ACT WASHINGTON 06-13-2019 06-13-2020 Entity Name 'CONTROL SYSTEMS NW LLC Foreign Name New Search Associated Names PRINCIPAL PLACE OF Type PPB BUSINESS Addr 1 22722 29TH DRIVE SE SUITE 210 Addr 2 CSZ 'BOTHELL f WA 198021 ( ',Country (UNITED STATES OF AMERICA Please click here for general information about registered agents and service of process. 06-13- Type AGT REGISTERED AGENT Start Date 2019 Resign Date Of 643426-87 RH2 ENGINEERING,INC. Record Addr 1 5335 MEADOWS RD STE 420 Addr 2 LAKE CSZ • OSWEGO OR 97035 Country UNITED STATES OF AMERICA Type (MALIMAILING ADDRESS Addr 1 22722 29TH DRIVE SE SUITE 210 Addr 2 CSZ 'BOTHELL IWA 198021 1 l Country (UNITED STATES OF AMERICA New Search Name History Business Entity Name) Name Name Start Date End Date Type Status CONTROL SYSTEMS NW LLC EN CUR 06-13-2019 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Action Status Dissolved By Available Date Date .Change APPLICATION FOR 06-13-2019 FI Agent AUTHORITY egov.sos.state.or.us/br/pkg web_name srch inq.show detl?p be_rsn=2063409&p_srce=BR INQ&psrrint=TRUE 1/2 • 3/23/2020 Business Registry Business Name Search ©2020 Oregon Secretary of State. All Rights Reserved. • / 1 egov.sos.state.or.us/br/pkg web name srch_inq.show detl?p_be rsn=2063409&p srce=BR_INQ&psrint=TRUE 2/2 n r ® DATE(MMIDOIYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE L.------ 08/07/2019 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 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Jona Bolin NAME: Sammamish Insurance,Inc. {AHc No,Writ: (425)898-8780 A/c,No): (425)836-2865 704 228th Ave NE,PMB 373 EMAIL JonaBolin@msn.com , ADDRESS: INSURERIS)AFFORDING COVERAGE - NAM I/ _ I Sammamish WA 98074 INSURERA: Ohio Security Insurance Company 24082 i - INSURED INSURER B: The Ohio Casualty Insurance Company 24074 V. Control Systems NW,LLCINSURER C: Continental Casualty Company DBA: RH2 Control Systems NW INSURER D: ' 3553 Arrowhead Drive INSURER E: Medford OR 97504-7276 INSURER F: , COVERAGES CERTIFICATE NUMBER: CL1971103522 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 ALLTHE TERMS, • EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUHH POLICY EFF POLICY EXP INSO WVO POLICY NUMBER (MMIDDIYYYYj (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL UABWTY EACH OCCURRENCES 1,000,000 DAMAGE T CLAIMS-MADE n OCCUR PREMISES(Ea oN uTED rrence) $ 1,000,000 • MED EXP(Any one person) $ 15,000 A Y BLS59861156 07/10/2019 07/10/2020 PERSONAL&ADV INJURY $ 1,000,000 GFN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY 2jECT n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA Stop Gap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 5AS59861156 , 07/10/2019 07/10/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X $ IPAUTOS ONLY _ er accidt)en _ , $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE. $ 2,000,000 B EXCESS LIAR CLAIMS-MADE Y US059861156 07/10/2019 07/10/2020 AGGREGATE - $ 2,000,000 _ DED X RETENTION$ 10,000 S WORKERS COMPENSATION X PERETl1TE ERH AND EMPLOYERS'LIABILITY YIN AANY PROPRIETOR/PARTNERIEXECUTIVE ('�( NIA XWS59B61156 07/10/2019 07/10/2020 E•L.EACH ACCIDENT S 500,000 OFFICERIMEMBER EXCLUDED? I I (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 500,000 Eyes,describe under 5.00,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S Professional Liability Insurance EACH CLAIM $2,000,000 X MCH591931734 - 07/12/2019 07/17/2020 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be 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 THEEXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ,, Q I ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD