LA Consulting, Inc ~ C140031 City of Tigard- Contract Summary Form
(Form must accompany every contract)
Contract Title: CMMS Implementation for Public Works Number:(!J 14e63 i
Contractor: LA Conslulting Contract Total: $70,068
LA Consulting is part of MaintStar Computer Maintenance Management System
(CMMS) implementation.The main deliverable is to guide The City in the MaintStar
system implementation of Work Planning module and confirm proposed work flows
and activities used in the work order modules are setup for Work Planning module
Summary Overview: use.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate &KLOW
Risk Reduction Steps: all (18 %46UM(O___ ) f
Contract Mgr:� Itf-LJ a CAV) Ext: 2� I Dept: 100 Or
Type: ❑ Purchase Agreement E*kersonal Mrvice ❑ General Service ❑ Public Improvement ❑IGA
❑other Start: l0 111 End:Lj I m ) 1
Firm Amount/Score
Quotes/Bids/Proposals: Nlatrls Has not worked with Maintstar
Eskle Porter Consulting, Inc. Did not respond
L_N Consulting 95%
Account String Fund-Division-Account Work Order-Activity Type Amount
Year 1 VX'ater/Serer/Storm/Streets/P\X'.,-kdmin 70,068
Year 2
Year 3
Year 4
Year 5
Approvals LCRB Date
Department Comments:
Department Signature:
Contracting Comments:
Contracting Signature:
City Manager Commei; 11A
Jamie Greenberg
From: Michelle Wright
Sent: Monday, October 14, 2013 11:34 AM
To: Jamie Greenberg
LA Consulting
$70,068.00
200.6200.56004.51001.200.507 16.93% $11,862.51
100.6000.56004.51001.100.507 3.92% $2,746.67
530.6500.56004.51001.530.507 57.04% $39,966.79
510.6700.56004.51001.510.507 13.86% $9,711.42
500.6600.56004.51001.500.507 8.25% $5,780.61
MichelleUri;ht
Btrsrne Manaper
R OIRICT 503.718.2445
(MAIL mrchellew@tipard-or.gov
WC-8 www.tigard-ocgov
citY ref"figmd I rt I VAH I MIN I
13125 5w Hall Boulevard,Tigard,OR 97223
DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule."
1
Contract Number Ll L406-3
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
CMMS IMPLEMENTATION PROJECT FOR PUBLIC WORKS
THIS AGREEMENT made and entered into this 4 day of October, 2013 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and LA Consulting,
hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2013-2014 fiscal year budget provides for services related to CMMS
Implementation Project for Public Works; and
WHEREAS, City has need for the services of a company-with a particular training, ability, knowledge, and
experience possessed by Contractor, and
WHEREAS, City has determined that Contractor 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
Contractor shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Agreement. Contractor 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 'S
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended, on June 30, 2014. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor 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 Contractor by the City shall not
exceed Seventy Thousand and Sixty Eight and No/100 Dollars ($70,068) if all tasks are completed.
Any and all payments made to the Contractor shall be based upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor'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 Contractor,
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. Contractor shall make payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
E. Contractor 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. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor 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 Contractor. The payment of the claim in this
manner shall not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
H. Contractor 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. Contractor 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 Contractor or all sums which
Contractor agrees to pay for such services and all moneys and sums which Contractor
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
Contractor which result from this Agreement,including any computations,plans, correspondence or
pertinent data and information gathered by or computed by Contractor prior to termination of this
Agreement by Contractor or upon completion of the work pursuant to this Agreement.
5. 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,
Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all
2I Pc
persons employed by them, and neither the approval by City of any subcontractor not anything
contained herein shall be deemed to create any contractual relation between the subcontractor and
City.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent contractor 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 Contractor 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 repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration Contractor
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 Contractor or to a third party) as a result of said
finding.
B. The undersigned Contractor 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 Contractor, 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, Contractor 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.
Contractor 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. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
D. Contractor 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 Contractor as a material inducement to
enter into this Agreement. Contractor represents that all of 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 contractor's work
by City shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims, losses,
31P .
damages, judgments or other costs or expenses including attorney's fees and witness costs (at both
trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies) 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.
8. INSURANCE
Contractor 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 Contractors activities or work hereunder, including the operations of its subcontractors of
any tier.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor'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 (CG 2010 1185 or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
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
Contractor shall also obtain, at contractor'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 on an "occurrence" form. The Combined Single Limit per occurrence shall
not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence" form.
The Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The Contractor, 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
41 P .i ,,
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. Contractors 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 $1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for commercial
general liability or automobile liability insurance the Contractor must provide evidence of such
self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the
coverage amounts on a form acceptable to the City. The City reserves the right in its sole
discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are used
in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor'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.
J. Cross-Liabilitv Clause
5 1 P a c
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 certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
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 contractor's liability hereunder.
Notwithstanding said insurance, Contractor 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:
CITY OF TIGARD LA CONSULTING
Attn: Michelle Wright Attn: Harry C. Lorick
Address: 8777 SW Burnham St. Address: 1209 Manhattan Ave, Suite 310
Tigard, OR 97223 Manhattan Beach,CA 90266
Phone: (503) 718-2445 Phone: (310) 374-5777
Fax: (503) 684-8840 Fax: (310) 374-5557
Email: michellew@tigard-or.gov Email: lacon@ix.netcom.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
61 Page
The City requires that services provided pursuant to this agreement shall be provided to the City by .
a Contractor that does not represent clients on matters contrary to City interests. Further,
Contractor 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 Contractor 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, Contractor shall consult with the
appropriate City representative regarding the conflict.
After such consultation, the Contractor 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 Contractor. If City terminates the contract pursuant to this
paragraph,it shall pay Contractor 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 Contractor,
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
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 Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or
if there is an assignment for the benefit of creditors of Contractor.
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 Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Contractor 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
7 1 I' :1 ;.
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 Contractor 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 Contractor 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), Contractor 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 Contractor 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 Contractor.
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 Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
15. FORCE MA EJ URE
Neither City not Contractor 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 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 Contractor 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
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, rules, and regulations. Contractor 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
8 1 P . >>
Contractor 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 Contractor 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
Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such
work.
20. WARRANTIES
All work shall be guaranteed by Contractor for a period of one year after the date of final acceptance
of the work by the owner. Contractor 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 not payment therefore shall relieve Contractor 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
Contractor 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.
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
Contractor 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. Contractor 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.
911' a g, �
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 Contractor labor
or materials for the execution of the work provided by this order. Contractor must pay all
contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the
performance of this order. Contractor 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.
Contractor 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
Contractor 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 Contractor, of all sums which the Contractor
agrees to pay for such services and all moneys and sums which the Contractor collected or deducted
from the wages of the employees pursuant to any law, contractor 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,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor, 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 Contractor has executed this Agreement on the date hereinabove first written.
101Pag
CITY OF TIGARD LA CO ULTING
By: Martha Wine, City Manager y: a C. Lo
1b115- 2,61-3
Date D to
EXHIBIT A
CMMS IMPLEMENTATION PROJECT FOR PUBLIC WORKS
INTRODUCTION
CONSULTING
October 1. 2013
Nis.Michelle Wright
nuchellevtigard-or._zo
Business Manager
City of Tigard
131,E Stn'Hall Boulevard
Tigard.OR 9 "3
Subject;P13--17 Proposal for C-11.11.S Implementation.Support
Dear Ms.Wright:
LA Consultive,Inc.(LAC)appreciates the opportunity to assist the City with support of your
CINI vIS implementation project for Public Works_
Based upon our recent discussion with you and infornnation submitted,we have outlined tasks in
which we can assist the City with implementation of work planning features of the MaintS tar
C.NPvIS and a scope of work is attached.
We appreciate the opportunity and look fors;ard to working with the City.This is a chalieneina
assignment,and LAC"has the capabilities and necessary resources to ensure a successfiul project.
We look forward to sharing our unique approach to help the Cit_�optmuze use of the new
C.NCNIS for improvement.
Should you need any clarification or further information.please do not hesitate to contact us-
Sincerely, o -/
Harr-C.Lonck,P.E.
Pmxipal
"We Help Public Works Work" .
Phone:;1"' 74-57'7-Fax:310-374-5557•emas tacon@ix,netcoir.com
1209 Manhattan Ave.Suite 310•Manhattan Beach.Catfam)a 90266
Internet address www.laconsuurag com
12 P ,1 ,,,
SCOPE OF WORK
SCOPE OF WORK
A. PROJECT TASKS
Successfid completion of implementation of a system for Citi-of Tigard using the
MaintStar work planning module is dependent successful interaction and participation
between LAC_ City personnel and MaintStar_as well as LAC-s background and experience.
This scope of work has been developed to ensure effective and interactive communication-
-leading to a comprehensive result that reflects the true needs of the Citi-of Tigard,Public
Works_
The City has outlined desired deliverables as a result of the project. The maul deliverable
is to guide the City in the MamtStar system to implement the Fork Planning module and
confirm proposed work flows and activities used in the work order modules are setup for
Work Planning module use. The specific deliverables requested are:
Phase I
• Review of existing operational work flows and activities and documentation of ideal
work flow, for use with MaintStar.
• Assistance with guiding City staff and MaintStar to setup the work order modules
with the identified ideal work flow and activities.
Phase II
• Setup of data and identification of activity guidelines and work plans for each
section_
• Integration of work planning module use with existing MaintStar modules_
LAC has outlined a scope to meet these deliverables along with tasks for training,
documentation and quality control.The details below will outline how LAC will address
the specific needs with detailed methodology for the tasks.
LA Coasultina C October 2013 pg_ 1 City of Tigard
13
NVORK TASKS
Phase 1 —Rei-ie«-Current Processes and«'ork Flo`v and Document
TASK 1—PROJECTIXITL4HON 4.vp1-'7ERFOIEwS
The following tasks are intended to familiarize City staff with the approach that LAC will
take to evaluate and improve maintenance operations. The tasks will also serve to educate
LAC'on the work processes.assets and activities found in the City-
LA Consulting(LAC)will initiate the project immediately after the contract is signed.
LAC'staff will conduct initial meetings with the Assistant Director(Brian Rager)as well
as the Division Managers(John Goodrich and Stere Martin).the Project Manager
(Michelle Wright)and others to review the City's objectives and their perception of the
approach to the work methods and procedures that are needed to compile and analyze
work flows and activities within the Stone W-iter. Samtin•Serer_Water. Streets.
Parks Grounds_Fleet and Facilities sections. Further,LAC will provide a list of requested
information that will assist LAC with completing the scope.
Structured interview,s(8-10)on-site will also be conducted with other key City employees,
including maintenance supervisors and various other staff that have a major impact on the
control and directing of maintenance. The objective of these sessions is to develop
working relationships with key staff and a general agreed understanding of each of the
objectives. Discussion and interviews would also occur with key employees with the City
IT department on existing systems and MaintStar implementation status.
A major effort will be to work with the employees to ensure that their ideas are included
throughout this effort and that their current successful operations and work flow will be
outlined and all relevant ideas considered.
To ensure an effective program,operational effort and credibility with all levels of the
organization,a Review Committee will be established. The group.comprised of
management staff of various Public Works,personnel, shall be updated at major milestones
and provide direction to LAC.
End Product: Kev C it•staff will be consulted and a work flogs•prepared. A list of
information requested will be provided by the City and a review committee
established.
T-4 SK'—CONDUCT ORIENT 4 YYON
In order to establish a uniform understanding of Public Works and LAC's role between the
Committee and the project team. a general orientation session will be conducted for the
project. During this meeting.LAC will describe in detail our proposed approach our
schedule.and identify any potential problems. In addition,review of a systematic approach
LA Consulting C October 013 P° = City of Tigard
14P _� ,� �
including agent-and vendor responsibilities and needs will be given to all Committee
members along with what Public Works data will be researched and compiled,and
processes and work flows needed for implementation. In addition,the participants will
identify contacts that will assist in compiling the data.
End Product:A uniform understanding between staff participating in the study and
LAC as to the project objectives,work methods and schedule.
TASK 3—REVIEW WORK FLOWS AND DOCUAfENT
LAC'will conduct one on-site meeting with each section(Storm Water, Sanitzrv, Sewer.
Water, Streets.Parks Grounds.Fleet and Facilities)to review-the existing work flow and
modify proposed work flows to be used with MamtStar. The work flows will be revised to
ensure the most efficient and effective process that can be used with the CMMS. The work
flows will then be documented and submitted for review by City review committee. The
finalized work flows will be prepared for setup in MaintStar.
End Product:Updated work flow documentation reads•for setup in MaintStar.
TASK 4—AFFIRP,1/P 10DIFY WORK ACTIVITY LIST
LAC will review the existing activity list for each of the sections(Storm water. Sanitary
Sewer,Water.Streets,Parks Grounds,Fleet and Facilities)in one meeting(may be done
via w-eb meeting)with each and provide an overview of how the activities are used in the
CMNIS for work planning.PM setup,tracking and performance appraisal. AnN, changes to
the descriptions or work units will be updated in MamtStar and confirmed with City staff.
End Product:MaintStar CNMJIS updated with work activity-list.
TASK 5— CONFIGURE CAMS AND IDENTIFY DATA NEEDS
LAC and MaintStar will make sure that the installation and configuration of the software
package complies with the expectations and objectives of the City. LAC will advise the City
on an`•issues that may conflict with effective implementation of the software.City staff will
be guided and coached by LAC'in preforming some of the configuration.
LAC'will assist the Cite to configure the MamtStar work order modules screens,data tables
and work order printouts to match the identified work process.
LA Consulting C October 2013 pg.3 Cir;of Tigard
15 P :< < c
End Product: MaintStar C\IJIS configuredwith proposed work flow.
TASK 6—MA1NTSTAR SOFTWARE TRAINING/GUIDANCE SUPPORT
Training(or coaching)of key employees will be necessary, to acelunate the maintenance
staff to the CMMS and its functionality,. LAC syill wide and assist the MaintStar vendor
with a training session for each of the sections(Storm Water, Sanitary Sewer.Water,
Streets,Parks.Grounds.Fleet and Facilities)that includes the new work floss as wen as .., to
3 days of hands on support and telephonic support.
End Product: Staff trained on use of the C_NIMS work order modules.
Phase 2 -%S'oi•k Planning Implementation
This phase involves the actual implementation of the MaintStar work planning module for
the five sections(Storm Water, Sanitan-Sewer,Water, Streets_Parks)Grounds.Fleet and
Facilities)_ The sub phase of the project implementation will consist of four functional
areas:
1 —Planning
—Organizing
3—Scheduling
4—Controlling
Figure.
PLANNING QRGANONG SCHEDLA-** CONTROLL"G
Data Requr-wts 'N'e'sts
Acte ry Annual Wc(k iSibridwo Aicr>.. 'Abrk PEKOMeme Evakk3bOn a
audeb*s 3 W3Ma Dsrbwm Schedrinq PAV_rg a 30W Nbnagerrnrrt
Budget Assgrreerts -%cam Acdor•
'.'cork
Aclvoes
ra�rinry§
7eve :".nrk Worn Loda*
Assess^e�• Of Ca dar 8acnog P_^6
L'cr.
LA Consulting e October 2013 pg.4 City of Tivird
16 P fi e
Fluictnonal Area I -- Plamilllt3
I `
The Planning effort involves defining guidelines for each activity, obtaining resource
information.using asset inventories_.computing the level of effort,populating the C-MMS
software with the required amount of key data and allowing m a work prograand budget to
be determined by section. Upon completion of the process, the planning effort determines
the amount of work to be performed on ail annual basis by the agency.
TASK T—DEVELOP ACTIVITY GUIDELINES
LAC will conduct one meeting with each section to review the work planning process and
activity guideline setup_ City staff will draft activity guidelines for each defined work
activity that includes a description.work method. labor,equipment and material needs,
level of service-productivity measure and quality standard_ Once the guidelines have been
reviewed by LAC and approved by City nnanagenient,they will be transferred to the
MaintStar system by LAC with some support by the City.
TASK 8—DEFINE ANNUAL WORK PROGRAA4 AND BUDGET
After the activities_feat-Lire inventories and work calendar have been confirmed annual
work plans will be identified in one meeting with City staff in each section. LAC will then
train City staff to update the MamtStar system with the management units_available
resources and work plans. One to two meetings will be required with the City project
manager and key staff in each section to finalize the work plans.
Functional Area 7 - OroarLizing
In the Organization area,the work program is divided by month into labor.equipment and
material resources. In addition.each activity is estimated per month(work calendar)by
person-day and crew-day effort.
This involves two tasks=
TASK 9—CONFIRM i WORK CALENDAR
The existing work breakdown by activity and by month will be confirmed with City staff
for each section.
TASK 10—BALANCE WORK PLANS TO AVAILABLE LABOR
After the initial work program and budgets are determined, confirmed and updated.the
annual labor.. equipment and material needs for each section and agency wide will be
estimated and LAC will balance the work plans to available labor. The balanced work
plans will be submitted to City staff for review.
LA Consulting C October'013 gE.3 City of Tigard
17f' , � �
Functional Area 3 - Schedulins
The scheduling area consists of several parts: the implementation of a work and scheduling
method for work requests work orders and the animal plan.and the establishment of a work-
back-log
orkbacklog system.
TASK 11 —ESTABLISH WORK SCHEDULING PROCEDURES USING THE
CA 4A IS
LAC will work with Cita-section supervisors and managers to establish a routine Mork
scheduling procedure using the CMMS work order modules_ A process for the
identification. assignment and allocation of resources and an estimation of time that is
required to complete the various activities will be determined and established in the work-
order
orkorder modules. This together with a routine for conducting scheduling meetings and
monitoring maintenance progress will be established.
TASK 12—ESTABLISH WORK REPORTING PROCEDURES
LAC"will establish and implement systematic work reporting procedures to properly obtain
maintenance data for employees work activities using resources. depicting accomplishment
and linking to assets and reporting work in the CVLIIS. The work reporting procedures will
be presented and taught to the appropriate personnel and monitored during the first two
months of implementation to ensure compliance.
The ability-will be provided for public works asset management purposes of tracking
resources used to the asset component level when desired. MaintStar will retain asset
management information and be tracking and reporting work against those assets.
Functional area 4—Controllin Improving
The next portion of this Phase involves the Control and Improvement function. This effort
is an extension of the daily recording of work accomplished and the resources used. Daily
information is compiled and reported on daily-work report forms,permitting the
comparison of actual accomplishment..productivity.unit cost and resources used versus
those outlined in the pian. The comparison of planned versus actual effort allows managers
to make continuous adjustments in order to improve operations.
TASK 13—DEVELOP WQRK CONTROL AND MONITORING PROCESSES
USING THE CAMIS
LAC will develop and document work control and monitoring processes using the new
CLAMS. LAC will also assist the City in using existing work history and status reports
withun the CLAIMS planning module as well as to create customized reports(2)for its own
unique needs. A process to affirm completeness and quality of data recorded will be
LA Consulting 5 October 013 pg.6 City of Tigard
18 P ,> >
outlined and given to the City to assure complete ability to track work and use data to help
the supervisors and Directors to make best decisions on Public Works related maintenance
activities.
TASK 14—DEVELOP SYSTEM DOCUP IENTA TION AMTERIALS
A series of documents outlining the system and management processes will be developed
as a reference and guide for applying the developed CMMS in Public Forks.
TASK 15— CONDUCT IAIPLEA4ENTATION AND INTERPRETATION TRAINING
LAC will conduct a series of training sessions(3)at different intervals in the use of the
CVLb1S reports, scheduling procedures and generation of preventative work orders to adjust
operations in order to become more effective and efficient in the use of maintenance
resources. to monitor adherence to the annual plan- and to identify problems in productivity
and work methods.
TASK 16— WORKING COAIAfITTEE AfEETINGS
A series of committee meetings will be conducted at key, milestones in the implementation
process. The status of the implementation.deliverables and potential problems will be
presented to the Committee for input and direction.
TASK 17— MONTHLY STATUS AND SUPPORT
Monthly status reports will be prepared for the City. These reports will include a listing of
all the project tasks with a summary status and a percent complete for each task.
B. Schedule
LAC estimates a 4 month work schedule to complete the tasks in Phase I and 4 months to
complete the tasks in Phase II_Details will be provided after Task aereement between LAC
and the City.
L?.Consulting Z October 2013 pg_7 City of Tigard
19 P .L
SCHEDULE MILESTONES
Tigard Implementation
Phase 1-Work Flow/Activity Review MONTHS .
Task Descnptvn 1 2 3 a 5 6 7 a 9
1 Project Initiation/Interviews
2 Conduct Orientation
3 Review Work flows and Document
4 Affirm/Modify Wark Activity List
5 Configure CMMS and Identify Data heeds
6 MamtStar Software Training and Support
Phase II-Work Planning Implementation
Y Develop Activity Guidelines
b Define Annual Work Program and budget
9 Confirm Work Calendar
10 balance Work Plaits to Available Labor
11 Establish Work Scheduling Procedures
12 Establish Work Reporting Procedures
13 Develop Work Control and Monitoring Processes
14 Develop System Documentation Materials
15 Conduct Implementation and Interpretation Training
16 Working Committee Meetings
17 Monthly Status and Support
Schedule Adherence
LAC's successful process as outlined in our scope requires considerable staff involvement
and commitment to work-together collectively between LAC, City staff and MaintStar.We
request the City provide:
✓ Project Coordinator with detailed City background in the work and a good working
relationship with keS•employees.This person would help LAC schedule meetings,
presentations and reviews and direct response and continents to LAC.
✓ Employees must be made available for interviews and meetings.
✓ Assistance provided to schedule meetings,presentation locations, etc.
✓ Kev staff must attend all relevant meetings.
Documents requested must be produced within ten(10)days of request.
✓ Provide data in electronic format. as much as possible.to expedite the process.
✓ The documents produced by LAC must each be reviewed by the City within twelve
(12)working days_
✓ LAC must have electronic remote access to the Cit<,'s MaintStar system.
• Allowance to perform web based communications and training.
COST/RATE ESTIMATES
C. COST
LAC"estimates a cost of$28?80 for Phase I and$41.78S for Phase H(estimated)as shown
below. The cost would be on a time and material basis with both on and off site rates_We
would be willing to renegotiate for a himp stun amount for Phase H after Phase I is
completed
20 P ., ,,c
Also optionally. in Please I we could perform the first four tasks based on a lump stun
amount as they-are defined tasks. but Task 5 and 6 depend on where you are ut the system
implementation and the actual work depends on what is needed. For Tasks S and 6 'we will
have to use a tune and material approach.
Tigard Implementation Total Cost
Task
Phase 1-Work Flow/Activity Review
1 Project Initiation/Interviews $ 6,292
2 Conduct Orientation $ 4,149
3 Review Work Flows and Document $ 3,330
4 Affirm/Modify Work Activity List $ 3,330
5 Configure CMMS and Identify Data Needs S 4,702
6 MaintStar Software Training and Support $ 6,476
$ 28,280
Phase II-Work Planning Implementation
7 Develop Activity Guidelines $ 3,878
8 Define Annual Work Program and Budget $ 3,786
9 Confirm Work Calendar $ 1,299
10 Balance Work Plans to Available Labor $ 2,259
11 Establish Work Scheduling Procedures $ 4,518
12 Establish Work Reporting Procedures $ 3,970
13 Develop Work Control and Monitoring Processes $ 6,098
14 Develop System Documentation Materials $ 3,539
15 Conduct Implementation and Interpretation Training $ 5,613
16 Working Committee Meetings $ 4,062
17 Monthly Status and Support $ 2,765
$ 41,788
Total S 70,068
LA Consulting October 2013 PLY.9 Ciry of Tigard
21 !'
LA CONSULTING. Inc.
2013 Rates
Offsite
JOB CATEGORY HOURLY RATE
Administrative $76
Technician'Graphics Support $85
Asst Consultant $113
Consultant $132
Sr.Consultant $167
Associate $175
Senior Associate $202
Principal $226
Expert Witness $464
Onsite
.JOB CATEGORY HOURLY RATE
Asst Consultant $179
Consultant $198
Sr.Consultant $233
Associate $241
Senior Associate $268
Principal $292
Expert Witness $530
Rates are current as of July L 2013.Rates are adjusted annually with next adjustinent on July 1-
2014.
22 (' ,. `