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TIGARD Bpi._,
City of Tigard
May 31, 2016
Portland Engineering, Inc
Attn: Mike Hogan, Senior Engineer
2020 SE 7th Ave Ste 200
Portland OR 97214
REF.: Systems Integrator of Record–Instrumentation and SCADA Radio Telemetry
Period: May 1,2016 through April 30,2017
CONTRACT NOTICE OF AWARD – RENEWAL
Contract# C130081
Dear Mr. Hogan
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its third (3) one-
year extension to the Contract effective from May 1, 2016 through April 30, 2017. This renewal
period shall be governed by the specifications, pricing, and the terms and conditions set forth per
the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Portland Engineering, Inc.
Sincerely,
40
Jamie Greenberg
Purchasing Assistant
503-718-2492
jamie@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements,Qterms, and conditions as set forth in the above refer--- ed Contract.
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Company: 1 o rkk..a. ?, 3 Q a...c( Signed: _
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Date: +K Q.— ?t 2 I (, Printed: Ge- � tQ–.
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: ECEIVE
T I GARD MAR 0 6 2015
��• City of Tigard
BY
Portland Engineering, Inc.
Attn: Mike Hogan, Senior Engineer
2020 SE 7th Ave., Suite 200
Portland, OR 97214
REF.: City of Tigard Personal Services Contract
Systems Integrator of Record-Instrumentation and SCADA Radio Telemetry
Period: April 30,2015 through April 30,2016
CONTRACT NOTICE OF AWARD—RENEWAL
Contract#C130081
Dear Mr. Hogan:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its second (2nd)
one-year extension to the Contract effective from April 30, 2015 through April 30, 2016. This
renewal period shall be governed by the specifications, pricing, and the terms and conditions set
forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Portland Engineering, Inc.
Sincerely,
ni\A_ (L/2--k-
Michelle Wright
Business Manager
503-718-2445
MichelleW @tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above rence C tra t.
Company:Y6 2-171-At4�. L=1�1 Crl vsket'ui 07 Ix Signed:
Date: _O 3 --OG Printed: ik 1 C .k-CL J, (k0 cs-Ao
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
TIGARD
MAY 0 7 2014 =? 14'
City of Tigard
Y ?
May 1 2014 R' µ'
Portland Engineering, Inc.
Attn: Mike Hogan, Senior Engineer
2020 SE 7th Ave., Suite 200
Portland, OR 97214
REF.: City of Tigard Personal Services Contract
Systems Integrator of Record-Instrumentation and SCADA Radio Telemetry
Period: April 30, 2014 through April 30, 2015
CONTRACT NOTICE OF AWARD — RENEWAL
Portland Engineering contract #C130081
Dear Mr. Hogan:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the
renewal/extension clause contained in the terms and conditions of the Agreement, desires to
exercise its First (1st) one-year extension to the Contract effective from April 30, 2014
through April 30, 2015. This renewal period shall be governed by the specifications,
pricing, and the terms and conditions set forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the
space provided below and returning it to me within ten (10) days. You may keep a
copy for your records.
The City looks forward to doing business with Portland Engineering, Inc.
Sincerely,
Thie•Ata
Michelle Wright
Business Manager
503-718-2445
MichelleW@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above referenced Contract.Q
Company: ` ok2>rLA-� Ite£tZAt - Signed:
t' \ l-wGA-A 2-0\Lk-or- lG
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
PORTI�4Nkip 2020 SE 7th Avenue, Suite 200, Portland, OR 97214
Eng in e Bring zn Phone: 503-256-7718 Fax: 503-256-7679
TRANSMITTAL LETTER
DATE: May 21, 2014
TO: City of Tigard
Attn: Michelle Wright
13125 SW Hall Blvd
Tigard, OR 97223
FROM: Mike Hogan
PROJECT: Systems Integrator of Record-Instrumentation and SCADA Radio
Telemetry, 4/30/14 — 4/30/15, Contract #C130081
Enclosed please find a signed City of Tigard Personal Services contract for the above
referenced project for your records.
CC File Page 1 of 1
Contract Summary Form
(Form Must Accompany Each Contract For Authorization)
Contract Title: SCADA amrigilao3rr- Number: C130081
Contractor: Portland Engineering Contract Total: $ 150,000.00
Start Date: May 2013 End Date: May 2014
Contract Overview: Portland Engineering will provide support for SCADA Radio Telemetry=and Aquifer
Storage and Recove for Well#3
Contract Manager:John Goodrich Department: Public Works
Quotes/Bids/Proposal: Vendor/Firm Score/Bid
Industrial Systems,Inc. 270
Portland En eerie ,Inc. 289
Taurus Power&Control 258
(Account String: Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL AMOUNT
530.6500.54107 $6,000 $6,000 $6,000 $6,000 $6,000 $30,000
53/8000.56005.96010.532 $24,000 $24,000 $24,000 $24,000 $24,000 $120,000
TOTAL
$150,000
Approvals and Comments
Department
Comments
Signature: Old 1
Purchasing
Comments
Signature:
411111k
City Ma _ r
Comments
Signature: �/ �
Contract#0,- V
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
SYSTEM INTEGRATOR SERVICES
INSTRUMENTATION AND SCADA RADIO TELEMETRY
THIS AGREEMENT made and entered into this 24th day of April,2013 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called City, and Portland Engineering, Inc.,
hereinafter called Consultant.
RECITALS
WHEREAS, the City's 2012-2013 fiscal year budget provides for services related to system integrator services
related to the city's water system;and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Consultant,and
WHEREAS, City has determined that Consultant is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE,the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together with an
executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit A and
by this reference made a part hereof. Any and all work assigned by the City will be contained in
subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise
terminated or extended, on April 30, 2014. The Parties may agree to four (4) additional one (1) year
extensions to this Agreement. Any executed extension must be in writing and signed by both Parties
no less than sixty (60) days prior to the end of any contract term. This Agreement may not extend
beyond five (5) years from the date of execution. All work under this Agreement shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from the
work under this Agreement. The total amount paid to the Consultant by the City shall not exceed One
Hundred Fifty Thousand and No/100 Dollars ($150,000.00) over the possible five (5) year life of the
contract for the successful performance of the services outlined in Exhibit A. Any and all payments
made to the Consultant shall be based upon the following applicable terms:
A. Payment by City to Consultant for performance of services under this Agreement includes all
expenses incurred by Consultant, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the approval
of the City Manager, or designee, and not more frequently than monthly. Payment shall be
made only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against
funds due or to become due the Consultant. The payment of the claim in this manner shall not
relieve Consultant or their surety from obligation with respect to any unpaid claims.
H. Consultant shall pay employees at least time and a half pay for all overtime worked in excess of
40 hours in any one week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
I. Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury to the employees of Consultant or all sums which Consultant
agrees to pay for such services and all moneys and sums which Consultant collected or
deducted from the wages of employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Funding during future fiscal years shall be
subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of Consultant
which result from this Agreement,including any computations,plans, correspondence or pertinent data
and information gathered by or computed by Consultant prior to termination of this Agreement by
Consultant or upon completion of the work pursuant to this Agreement.
S. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If City agrees to assignment of tasks to a subcontract,
Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all persons
employed by them, and neither the approval by City of any subcontractor nor anything contained
herein shall be deemed to create any contractual relation between the subcontractor and City.
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6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall
be deemed to be an independent Consultant as defined by ORS 670.600 and not an employee
of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and
shall be solely responsible for all payments and taxes required by law. Furthermore,in the event
that Consultant is found by a court of law or any administrative agency to be an employee of
City for any purpose, City shall be entitled to offset compensation due, or to demand
repayinent of any amounts paid to Consultant under the terms of this Agreement, to the full
extent of any benefits or other remuneration Consultant receives (from City or third party) as a
result of said finding and to the full extent of any payments that City is required to make (to
Consultant or to a third party) as a result of said finding.
B. The undersigned Consultant hereby represents that no employee of the City, or any partnership
or corporation in which a City employee has an interest,has or will receive any remuneration of
any description from Consultant, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
If this payment is to be charged against Federal funds, Consultant certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
Consultant and its employees, if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
C. Consultant certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement to enter
into this Agreement. Consultant warrants that all its work will be performed in accordance with
generally accepted professional practices and standards as well as the requirements of applicable federal,
state and local laws, it being understood that acceptance of a Consultant's work by City shall not
operate as a waiver or release.
Consultant agrees to indemnify and defend the City, its officers, agents and employees and hold them
harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or
expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a
trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise
from, during or in connection with the performance of the work described in this contract, except
liability arising out of the sole negligence of the City and its employees. Such indemnification shall also
cover claims brought against the City under state or federal worker's compensation laws. If any aspect
of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the validity of the remainder of this indemnification.
311> ,, g �.
8. INSURANCE
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly
out of Consultant's activities or work hereunder, including the operations of its subcontractors of any
tier.
The policy or policies of insurance maintained by the Consultant and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coveta'e Limit
General Aggregate 4,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of
the contract, Commercial Automobile Liability coverage including coverage for all owned,
hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than $1,000,000.
C. Workers' Compensation Insurance
The Consultant,its Subcontractors,if any,and all employers providing work,labor,or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
shall comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must
provide Oregon workers' compensation coverage for their workers who work at a single
location within Oregon for more than 30 days in a calendar year. Consultants who perform
work without the assistance or labor of any employee need not obtain workers' compensation
coverage. All non-exempt employers shall provide Employer's Liability Insurance with
coverage limits of not less than$500,000 each accident.
D. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance policies
and other policies the City deems necessary shall include the City,its officers, directors, and
employees as additional insureds with respect to this contract.
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E. Insurance Carrier Rating
Coverages provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carriers)with an unacceptable financial rating.
F. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall furnish
a Certificate of Insurance to the City. No contract shall be effected until the required
certificates have been received and approved by the City. The certificate will specify and
document all provisions within this contract. A renewal certificate will be sent to the above
address 10 days prior to coverage expiration.
G. Inde_pendent Consultant Status
The service or services to be rendered under this contract are those of an independent
Consultant. Consultant is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
H. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A copy of each insurance policy, certified as a true copy by an authiorized representative of the issuing
insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City
certifying to the issuance of such insurance shall be forwarded to:
City of Tigard
Attn: Office of Risk Management
13125 SW Hall Blvd.
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit Consultant's liability hereunder.
Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
9. METHOD& PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS
All notices, bills and payments shall be made in writing and may be given by personal delivery, mail or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices,bills,payments,and other information:
5 I'
5
Attn: John Goodrich,Utility Manger Attn: Mike Hogan,Vice President
Address: 13125 SW Hall Boulevard Address: 2020 SE 7t'Avenue, Suite 200
Ti_ard, Care:on 97223 Portland, Ore'on 97214
Phone: (503) 718-2609 Phone: (503) 256-7718
Fax: (503) 684-8840 Fax: (503) 256-7679
Email: ohn ti d-or. ov _ Email: mhoganglportalnden ers.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and
payments shall be deemed given at the time of actual delivery. Changes may be made in the names
and addresses of the person to who notices,bills and payments are to be given by giving written notice
pursuant to this paragraph.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parties with respect to
the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by
both parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by a
Consultant that does not represent rlients on matters contrary to City interests. Further, Consultant
shall not engage services of an attorney and/or other professional who individually, or through
members of his/her same firm,represents clients on matters contrary to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the services on
an attorney and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests, Consultant shall consult with the appropriate
City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (B) (3) of this agreement
12. TERMINATION WITHOUT CAUSE
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this paragraph,it
shall pay Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement 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, local, or other sources is not obtained and continued
at levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds
6IPage
2) 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.
3) If any license or certificate required by law or regulation to be held by Consultant, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Consultant becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant, if a receiver or trustee is appointed for Consultant, or if
there is an assignment for the benefit of creditors of Consultant.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant, may terminate
the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in accordance
with its terms, and after receipt of written notice from City, fails to correct such
failures within ten (10) days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Consultant shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Consultant shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred, an amount which
bears the same ratio to the total fees specified in this Agreement as the services satisfactorily
rendered by Consultant bear to the total services otherwise required to be performed for such
total fee; provided, that there shall be deducted from such amount the amount of damages, if
any, sustained by City due to breach of contract by Consultant. Damages for breach of contract
shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs
of litigation at trial and upon appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
15. FORCE MAJEURE
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided
that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification shall not be the
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basis for a claim for additional compensation. Each party shall,however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established
pursuant to those laws.
18. ERRORS
Consultant shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change) work. Failure
of Consultant to secure authorization for extra work shall constitute a waiver of all right to adjustment
in the contract price or contract time due to such unauthorized extra work and Consultant thereafter
shall be entitled to no compensation whatsoever for the performance of such work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance of
the work by the owner. Consultant warrants that all practices and procedures, workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance of
the work nor payment therefore shall relieve Consultant from liability under warranties contained in or
implied by this Agreement.
21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax withholding contained in ORS Chapters 279A, 279B and 279C, the provisions of
which are hereby made a part of this agreement.
8 1'
24. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
25. AUDIT
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract period.
Consultant agrees to permit City, the State of Oregon, the federal government, or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
26. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the
agreement.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Consultant labor or
materials for the execution of the work provided by this order. Consultant must pay all contributions or
amounts due from Consultant to the Industrial Accident Fund incurred in the performance of this order.
Consultant shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of
City on account of any labor or material to be furnished. Consultant further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order, then no person shall be employed for more than eight (8) hours in
any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency or where the
public policy absolutely requires it, and in such cases, except cases of contracts for personal services as
defined in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight
(8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS
279C.540. In cases of contracts for personal services as defined in ORS 279A.055,any labor shall be paid
at least time and a half for all hours worked in excess of forty(40)hours in any one week, except for those
individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS'COMPENSATION
Consultant shall promptly,as due,make payment to any person,co-partnership,association or corporation,
furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or
injury, to the employees of such Consultant, of all sums which the Consultant agrees to pay for such
services and all moneys and sums which the Consultant collected or deducted from the wages of the
employees pursuant to any law, Consultant agreement for the purpose of providing or paying for such
service.
30. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire 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 specific instances and for the specific purpose given. There are no understandings,
9 II' .1 L.
agreements, or representations, oral or written, not specified herein regarding this Agreement
Consultant, by the signature of its authorized representative,hereby acknowledges that he has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD Po T D E GINE RING,INC.
'By: Martha * e, City Manager By: Authorized A nt of Consultant
6/(3/2,0 /13 2-0 r) ' 6 14 — .??0
Date Date
10 I Pagu
EXHIBIT A
SCOPE OF SERVICES
OVERVIEW
The City has a variety of instrumentation, telemetry and drives varying in age and condition. The City is
currently operating and standardizing around Allen Bradley PLCs, Wonderware Intouch SCADA
application software, SCADAIarm software, InSQL software, IBM PC systems and Esteem radio modem
telemetry. The Systems Integrator should have knowledge of analog and digital systems including
transducers, level monitors, water quality instrumentation and electrical control devices. These systems
apply to master and remote telemetry systems, storage tank levels, flow meter registers and totalizers,
electrical and hydraulically controlled valves, pressure gage indicators, and other water distribution system
electronic control and monitoring devices or peripherals.
SERVICES TO BE PROVIDED
The Consultant shall provide annual services as agreed for the preventative and corrective maintenance of
the City's Water Distribution "System Control and Data Acquisition" (SCADA) equipment including:
master and remote radio telemetry system; variable frequency drives; and process equipment and other
electrical and electronic instrumentation. Consultant shall assist City maintenance staff in troubleshooting
and repairing instrumentation, software application changes or upgrades; and any deletions or additions to
- the system as required. The City may require additional services under separate proposals related to future
SCADA remote radio telemetry sites associated with new construction of water distribution facilities as
required.
FEE SCHEDULE
The Consultant's hourly rates under this Agreement shall be as follows:
DESCRIPTION RATE
Electrical Engineer,Principal $140/hour
Electrical Engineer,Associate
$120/hour
Software Engineer,Associate
$120/hour
Engineer Technician
$120/hour
Oregon Licensed Electrician $120/hour
Electrician Assistant
$150/hour
Administrative Services
$55/hour
Materials Mark-up % 10%
Hourly Rate Travel
$120/hour
Travel expenses billed at cost
Minimum charge of$165/night
Emergency Services Billed at 1 1/z times standard rate
Sundays/Holidays at 2 times standard rate
Mileage - - - $0.75/mile
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