Loading...
LA Consulting ~ C190048 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERYCONTRACT) Contract Title: Support for selection of computerized asset and maintenance Management system plumber: { `� Contractor: LA Consulting Contract Total: $44,274 Contract Oven iew: This contract is to support for selection of computerized asset and maintenance management system Initial Risk Level: ❑ Extreme. ❑ High ❑ Moderate ©Low Risk Reduction Steps: Risk Comments: The risk for this contract is low Risk Signature: Contract Manager: Michelle Wright Ext: 2445 Department: Public Works Type: rq Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date: 2/6/2019_End Date: 12/31/2020_ Quotes/Bids/Proposal: FIRM AMOUNT/SCORE LA Consulting 100% FCS has limited experience in create RFP for CAMS Timmon's group focus is on CAMS Cijvorks2019 Account String: Fund-Division-Account Work Order—Activit;T=e Amount FY 2019 630-6000-56004 $44,274 FY FY FY FY Atiurovals - LCRB Date: Department Comments- Department Signature: Purchasing Comments,- Purchasing omments:Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Numbern 19W W qFr-1 CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT SUPPORT FOR SELECTION OF COMPUTERIZED ASSET AND MAINTENANCE MANAGEMENT SYSTEM CMMS� THIS AGREEMENT made and entered into this 30`h day of Januar,-,2019 by and between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and LA Consulting, hereinafter called Consultant. RECITALS WHEREAS,the City's 2018-2019 fiscal year budget provides for services related to Cl\,fAIS selection support;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 Cit;' 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 December 31, 2020. 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 Forty-Four Thousand Two Hundred Seventy-Four and No/100 Dollars ($44,274.00)if all tasks are completed. 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. l 1 1 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 paymentto 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. 5. ASSIGNMENT/DELEGATION Neither parr- 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 2019 PSA—CMMS Selection Support 2 111 a g L t l 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. 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 repayment 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 shall obtain,prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year v�ith a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. 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 represents that all of its work will be performed in accordance with generally accepted professional practices and standards as well 2019 PSA—CNBIS Selection Support 3 1 11 ac,e 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, employees, agents and representatives 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 (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 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 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 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 (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 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-ovaned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. 2019 PSA—CNMIS Selection Support 4 1 1' a g e If Consultant uses a personally-owned vehicle for business use under this contract, the Consultant shall obtain,at Consultant'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 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 $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 Consultant 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 Consultants 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 Consultant is self-insured for commercial general liability or automobile liability insurance the Consultant must provide evidence of such self-insurance. The Consultant must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The Cit; 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 Consultant 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. 2019 PSA—CNINIS Selection Support 5 1 Ila g H. Independent 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. I. Primagy Coverage Clarification The parties agree that Consultant's coverage shall be primary to the extent permitted by lav-. 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 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 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: Attn: Michelle Wright,Asst P\X'Director Attn: Arnie M. Drotning Address: 13125 SW Hall Boulevard Address: 1209 Manhattan Avenue,Suite 310 Tigard,Oregon 97223 Manhattan Beach,California 90266 Phone: (503) 718-2445 Phone: (310) 374-5777 Email: michellew�dgard-or.gov Email: adrotning@alaconsulting.com 2019 PSA—CMMS Selection Support 6 I a g e 1 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 clients 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 ( ) 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 ma•,.-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 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. 2019 PSA—CMMS Selection Support 7 I P a c I g 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 sen-ices 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) dais 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 basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or 2019 PSA—CbIMS Selection Support 8 1 P a g � 1L °1 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 statutes, 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 otheru-ise 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. CHOICE OF LAW,VENUE The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 2019 PSA CI\IbiS Selection Support 9 1 1' a g c 24. 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. 25. 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. 26. 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 allrecords pertaining to this Agreement to assure the accurate expenditure of funds. 27. 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. 28. 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 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. 29. 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. l 2019 PSA—CNIMS Selection Support 10 1 Pa g e 30. 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 emplo;,ees pursuant to any law, Consultant agreement for the purpose of providing or paying for such sen-ice. 31. REPRESENTATIONS AND WARRANTIES Consultant represents and warrants to the City that: A. Consultant has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Consultant,enforceable in accordance with its terms. C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Consultant, to Consultant's property, operations, receipts, or income, or to Consultant's performance of or compensation for any work performed by Consultant; 3) Any tax provisions imposed by a political subdivision of this state that applied to Consultant,or to goods,services,or property,whether tangible or intangible,provided by Consultant;and 4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Consultant's services rendered in the performance of Consultant's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use, transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of any kind. 32. COMPLIANCE WITH TAX LAWS A. Consultant must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. Further, any violation of Consultant's warranty, in subsection 25.0 of this Agreement,that the Consultant has complied with the tax laws of the State of Oregon and lI q 2019 PSA—CNBIS Selection Support 111 P a g c I I the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the Ciry to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement,and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff,and withholding of amounts otherwise due and owing to Consultant,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Consultant's breach of this Agreement, including but not limited to direct,indirect,incidental and consequential damages,costs of cure,and costs incurred in securing a replacement Consultant. These remedies are cumulative to the extent the remedies are not inconsistent, and the City mal pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. 33. COMPLETE AGREEMENT This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 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. Consultant, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound b- 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 LAAu=ULTING By: Marty Wile,City Manager 3: ent Consultant Date Date 2019 PSA—CMMS Selection Support 12 1 Page EXHIBIT A SERVICES TO BE PROVIDED INTRODUCTION Consultant will assist the City of Tigard in the selection of the best Computerized Maintenance and Asset Management System (CMAMS) to be used as a tool to manage city's operations, meet their identified needs and adhere with the recommendations from the previous evaluation project. The project will encompass four work tasks with six associated subtasks; tasks 2 and 3 with subtasks. A description of each work task follows. These descriptions include the processes, methods and procedures to be used,as well as the expected end product.The details for how Consultant will assist in this selection are outlined in the following section SCOPE OF WORK Task I—Review of System Needs Consultant will interview key staff on current needs of an updated system. A review of current system capabilities will be outlined by Consultant with specific desires of the system outlined from the key city operations of Water, Sewer, Stormwater, Streets, and Parks. These will be compiled in a short working paper(5 pages) and reviewed with managers and key staff. After feedback from the meeting,an outline of specifics will be compiled in a final working paper for the assessment of system needs and included in the draft Request for Proposal (RFP) in Task 2. Consultant estimates 38 hours for this task. End Product:System needs outlined and documented Task 2—EnZtare K FP This task effort will include work to support drafting the (RFP). Consulatant will work with a team of key city employess to compile the scope and specific outline for the (CNMMS). The recommended actions outlined in the initial assessment will be used to ensure the key capabilities for management improvement processes are included. Also, any City IT requirements will be fully integrated into the process. Consultant will also provide a list of known vendors that can be added to the city's list of potential bidders. Two to three meetings are anticipated. Consultant estimates 28 hours for this task. Task 3—Guide in Selection Process Consultant will provide input in the process for narrowing the vendors to between 2 and 5 (short list). Consultant will focus on those who meet the RFP requirements for consideration and demonstrations. In this process, Consultant will review the proposals and provide a written assessment of compliance for each submittal of the RFP. Consultant will not rank the proposals, but instead will indicate the ability demonstrated of each vendor to meet the RF13 requirements. Two meetings are anticipated. The effort will also include assessment of ability for integration and linkage of all current systems,fully implementing the necessary critical management tools for the functionality- of the CAMMS and ensuring the ability to use the system at all levels for work-planning and managing with capabilities to plan, cost,monitor and improve work. Consultant estimates 24 hours for this task. End Product.•Proposals reviewed and vendors shortlisted �C 2019 PSA—CNINIS Selection Support 13 l P a g e Task 4 -Participate in Software Demonstrations Consultant will outline,with collaboration from the committee, a script for the short-listed vendors to present to the committee.This will include providing sample data from the City that vendors should use in their presentation. The script will be designed to ensure that all vendors cover the basic requirements and allow for a thorough submittal, as well as ease the effort of comparison for the committee. Consultant will participate in witnessing the demonstrations as only an observer and will be a resource for the committee in their decision process. Two days of demonstrations are anticipated along with preparation. LAC estimates 46 hours for this task. End Product:Software demonstrations conducted Task 5–Provide Technical SVOrt to Seder tivare After the demonstrations and rankings by the review committee, Consultant will provide input and help in completely understanding the capabilities displayed by the shorted listed vendors. Consultant will not rank these vendors but will indicate only their compliance with the needs identified in task 1 and assist in realizing the capabilities shown by each vendor that will assist in process improvement. The Cit, committee will decide, and LAC will only be used as a resource for clarification and understanding. Consultant estimates 21 hours for this task. End Product:System selected that matches City's needs. Task 6–Monthly Status and dualtControl 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 along with review and coordination of documents and scheduling. Consultant estimates 15 hours for this task. End Product.•A monthly status report will be provided, along with telephone support PROPOSED SCHEDULE Consultant estimates a 5-month work schedule to complete the tasks outlined above. Consultant has estimated 5 months, but often agencies can take much longer due to procurement and IT requirements,policies and/or decisions. pity of 7! aid CANUAS Selection Support MOKM _Task _D waripti�m _ ___ Feb mar _ A�at Ma s Jun LL+...Jul x_ 3 P mVm RFP - 3 GuI&to 3eloWan Proom F64 Pa!90"E In Saftwans DOMo w t Prowde Tech In SeNction _ Iithly Stow and WCic- ,__ � ��••�•�� ::�••�� - . Or�slte Meetim". — 2019 PSA–CMMS Selection Support 14 1 ,- �. Restrictions: Consultant's successful process as outlined in the scope is supported by their experience in various projects, and is based on considerable employee involvement. To meet the proposed schedule,and the follov-ing must occur: • Project Coordinator with City background for the entire project established. • Assistance provided to schedule meetings,presentation locations,etc. • Key staff must attend all relevant meetings. • Provide data in electronic formats to expedite the process. • The consultants documents must be reviewed by the City within 5 working days. • Staff must be available for meetings and follow-up within a week's notice. COST/RATE ESTIMATES Consultant estimates a cost of$44,274 LA CONSULTING,Inc. 2019 Rates Job Category Offsite Rate Onsite Rate Administrative $87 $166 Technician/Graphics Support $100 $179 Assistant Consultant $129 $208 Consultant $163 $242 Sr. Consultant(Billy Wright) $205 $284 Associate $210 $289 Senior Associate (Arnie Drotnin $242 $321 Principal (Harry Lorick $254 1 $333 Expert Witness 1 $525 1 $604 Rates are current as of February 1,2019. Rates are adjusted annually with next adjustment on January 1,2020 1 � 2019 PSA—CNMIS Selection Support 15 1 Psi g� EXHIBIT B CONSULTAN'T'S PROPOSAL l 2019 PSA—CNMIS Selection Support 16 I.' a g e Consulting, Inc. January 16, 2019 Ms. Michelle Wright MichelleF ti ard�-or.gov Assistant Director of Public works City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Subject:19-02 Support for selection of Computerized Asset and Maintenance Management System (CAMMS) Dear Michelle: LA Consulting, Inc. (LAC) is pleased to submit the subject proposal and scope of services for support in your selection of a Computerized Asset and Maintenance Management System (CAMMS),which will further support your operations and meet the identified needs from your support team. We have the capability, desire, resources, and experience to provide this assistance. Although this is a challenging assignment, LAC has the capabilities and necessary resources to ensure a successful project. We look forward to sharing our unique approach to developing and helping you to fully apply a systematic approach to maintenance. We want to help you! Sincerely, 70411�A:9�- Harry C. Lorick,PE, PTOE,PWLF Principal "We Help Public Worla Work"' .......................................................................... .... Phone:310-374-5777•Fax:310-374-5557•email." info@laconsulting.com 124 1 f"'Street•Manhattan Beach, California 90266 Internet address:www.laconsulting.com SCOPE OF WORK LA Consulting Inc. (LAC)proposes to assist the City of Tigard in the selection of the best Computerized Asset and Maintenance Management System (CAMMS)to be used as a tool to manage their operations and meet their identified needs. This project encompasses six tasks.A description of each work task follows.These descriptions include the processes, methods and procedures to be used, as well as the expected end product expected from LAC assistance in the selection of a CAMMS. Task I —Review of System Needs LAC will interview key staff on current needs of an updated system. A review of current system capabilities will be outlined by LAC with specific desires of the system outlined from the key City operations of Water, Sewer, Stormwater, Streets, Parks, Buildings and Fleet.These will be compiled in a short working paper and reviewed with managers and key staff. After feedback from the meeting, an outline of specifics will be compiled in a final working paper for assessment of system needs and included in the draft RFP in Task 2. LAC estimates 38 hours for this task. End Product:System needs outlined and documented Task 2—Prepare RFP This task effort will include work to support drafting the request for proposal(RFP). LAC will work with a team of key City employees to compile the scope and specific outline for the system. The recommended actions outlined in the initial assessment will be used to ensure key capabilities for management improvement processes are included.Also, any City IT requirements will be fully integrated into the process. LAC will also provide a list of known vendors that can be added to the City's list of potential bidders.Two to three meetings are anticipated. LAC estimates 28 hours for this task. End Product:RFP document prepared Task 3—Guide in Selection Process LAC will provide input in the process for narrowing the vendors to between 2 and 5 (short list). LAC will focus on those who meet the RFP requirements for consideration and demonstrations. In this process, LAC will review the proposals and provide a written assessment of compliance for each submittal of the RFP. LAC will not rank the proposals,but instead will indicate the ability demonstrated of each vendor to meet the RFP requirements.Two meetings are anticipated.The effort will also include assessment of ability for integration and linkage of all current systems, fully implementing the necessary critical management tools for the functionality of the CAMMS and ensuring the ability to use the system at all levels for work-planning and managing with capabilities to plan,cost, monitor and improve work. LAC estimates 24 hours for this task. t LA Consulting,Inc. 1 1/16/19 / 6 - SCOPE OF WORK End Product:Proposals reviewed and vendors shordisted Task 4-Participate in Software Demonstrations LAC will outline,with collaboration from the committee, a script for the short-listed vendors to present to the committee. This will include providing sample data from the City that vendors should use in their presentation. The script will be designed to ensure that all vendors cover the basic requirements and allow for a thorough submittal,as well as ease the effort of comparison for the committee. LAC will participate in witnessing the demonstrations as only an observer and will be a resource for the committee in their decision process. Two days of demonstrations are anticipated along with preparation. LAC estimates 46 hours for this task. End Product:Software demonstrations conducted Task S—Provide Technical Support to Select Software After the demonstrations and rankings by the review committee,LAC will provide input and help in completely understanding the capabilities displayed by the shorted listed vendors. LAC will not rank these vendors but will indicate only their compliance with the needs identified in task 1 and assist in realizing the capabilities shown by each vendor that will assist in process improvement. The City committee will decide, and LAC will only be used as a resource for clarification and understanding. LAC estimates 21 hours for this task. End Product:System selected that matches City's needs. Task 6—Monthly Status and Quality Control 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 along with review and coordination of documents and scheduling. LAC estimates 15 hours for this task. End Product:A monthly status report will be provided, along with telephone support. Proposed Schedule LAC estimates a 5-month work schedule to complete the tasks outlined above. LAC has estimated 5 months, but often agencies can take much longer due to procurement and IT requirements,policies and/or decisions. LA Consulting,Inc. 2 1/16/19 �/ SCOPE OF WORK City of Tigard lir&WAS Selection Supportaim Task QeaxriPtianI I" I Mer 4_ Apr Jun.- Jul 1 RvAew Systam Needs 3 Guide In Sekm:don Proem (A - 4 Partidpaw In Saftwart Demo ' S Pra�de Tech Sup rt in!l�alectlan 6 Monthly Status and QA/QC law(=onsite Meetings Restrictions: LAC's successful process as outlined in our scope is supported by our experience in various projects and is based on considerable employee involvement.To meet the proposed schedule, the following must occur: • Project Coordinator with City background for the entire project established. • Assistance provided to schedule meetings, presentation locations, etc. • Key staff must attend all relevant meetings. • Provide data in electronic formats to expedite the process. • LAC documents must be reviewed by the City in 5 working days. • Staff must be available for meetings and follow-up within a week's notice. Proposed Cost LAC estimates $44,274 for these six tasks that will be performed on an hourly basis with the hourly rates below. LA CONSULTING, Inc. 2019 Rates Job Category Offsite Rate Onsite Rate Administrative $87 $166 Technician/Graphics Support $100 $179 Assistant Consultant $129 $208 Consultant $163 $242 Sr. Consultant(Billy Wright) $205 $284 Associate $210 $289 Senior Associate(Amie Drotning) $242 $321 Principal(Harry Lorick) $254 $333 I Expert Witness $525 $604 Rates are current as of February 1, 2019. Rates are adjusted annually with next adjustment on January 1,2020. 7;� 19 LA Consulting,Inc. 3 41161