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CITY OF LAKE OSWEGO

REQUEST FOR PROPOSALS

Purchase, Installation and Continuing Services for a Computerized Maintenance Management System

(CMMS)

Deadline for Submission of Proposal: Wednesday, November 2, 2017, 10:00 a.m.

Project Manager

Rachel Sykes 503-534-5734 or rsykes@ci.oswego.or.us

(Email is not deemed submitted until receipt is confirmed)

City of Lake Oswego Public Works Department

17601 Pilkington Road

Lake Oswego, Oregon 97035

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CITY OF LAKE OSWEGO REQUEST FOR PROPOSALS

Purchase, Installation and Continuing Services for a Computerized Maintenance Management System (CMMS)

The City of Lake Oswego invites submission of proposals from qualified companies to provide a new CMMS program. The selected proposer’s program will be used by the Public Works Department and Engineering Department for map-based work management, asset tracking, reporting, and interfacing with existing software programs such as utility billing, and video inspections. The selected proposer is expected to install and commission the CMMS program, and also provide continuing service and support to the City. Deadline for Submission of Proposal: 10:00 a.m., Wednesday, November 2, 2017 Submissions received after this time will be considered non-responsive and will be returned without review.

Contents SECTION ONE: SCOPE OF WORK ................................................................................................................................... 4

The Scope of Work Under the Proposed Contract Can be Divided Into Three Main Parts (further described in Work Activities and Specifications section of this RFP): ............................................... 4 System Specifications and Work Activities ....................................................................................... 5

SECTION TWO – INSTRUCTIONS TO PROPOSERS .......................................................................................................... 9 PROPOSER CONFORMANCE TO SOLICITATION REQUIREMENTS .................................................................. 9 ANTICIPATED SOLICITATION AND AWARD SCHEDULE (SUBJECT TO CHANGE) ............................................ 9 PROPOSER QUESTIONS REGARDING RFP ....................................................................................................... 9 MODIFICATION OF REQUEST FOR PROPOSALS / PROPOSER’S OBLIGATIONS REGARDING DISTRIBUTION OF RFP ADDENDA / RFP WITHDRAWAL ......................................................................................................... 9 SUBMISSION OF PROPOSALS ....................................................................................................................... 10

Deadline for Submission ................................................................................................................. 10 Manner of Submitting Proposal: ..................................................................................................... 10

PROPOSAL WITHDRAWAL ............................................................................................................................ 10 REJECTION OF PROPOSALS / CANCELLATION OF SOLICITATION .................................................................. 11 DURATION OF PROPOSAL............................................................................................................................. 11 PROPOSAL COSTS .......................................................................................................................................... 11 OWNERSHIP OF PROPOSAL MATERIALS ...................................................................................................... 11 PUBLIC RECORDS .......................................................................................................................................... 11 NON-DISCRIMINATION STATEMENT ............................................................................................................ 11 EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT .................................................................................. 11 NON-COLLUSION REPRESENTATION .............................................................................................................. 11 PUBLIC CONTRACT RULES ............................................................................................................................. 12

SECTION THREE: PROPOSAL REQUIRMENTS .............................................................................................................. 12 Proposal Components .................................................................................................................... 12 Letter of Introduction ..................................................................................................................... 12 Key Personnel and Certifications ................................................................................................... 12 Similar Work and References ......................................................................................................... 13 Minimum Requirements ................................................................................................................ 13 Approach to Work .......................................................................................................................... 13 Cost Schedule: ................................................................................................................................ 15 Year One Cost/Rate Sheet ............................................................................................................... 15 10-Year Cost Proposal ..................................................................................................................... 15

SERVICE CONTRACT TERMS .......................................................................................................................... 15

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SECTION FOUR: EVALUATION OF PROPOSALS............................................................................................................ 15 SELECTION EVALUATION COMMITTEE ......................................................................................................... 15 PROPOSAL EVALUATION CRITERIA .............................................................................................................. 15

Letter of Introduction ..................................................................................................................... 16 Key Personnel and Certifications [Maximum 5 points] ................................................................. 16 Similar Work and References [Maximum 10 points] .................................................................... 16 Approach to Work [Maximum 45 points] ...................................................................................... 16 Cost [Maximum 40 points]: ............................................................................................................ 17

METHOD OF SELECTION: .............................................................................................................................. 17 OBJECTIONS TO PROPOSED CONTRACT ....................................................................................................... 17 NOTICE OF INTENT TO AWARD .................................................................................................................... 18

Exhibit B: Rate Sheet – Purchase, Install, and Fees for Services for Year One ............................................................ 19 EXHIBIT C: 10-year Projection of Costs ........................................................................................................................ 21 EXHIBIT D: Optional Add-on Components ................................................................................................................... 22 Exhibit E - Checklist of CMMS Program Functions and Capabilities: ........................................................................... 23

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SECTION ONE: SCOPE OF WORK The City of Lake Oswego plans to replace the existing CMMS program utilized by the Public Works Department with a new program that will better meet the workflow needs and comprehensive asset management goals of the Department. Along with providing the program, the selected proposer (Contractor) will provide installation and training services, as well as continued licensing and customer support services. The City of Lake Oswego is located in the Portland Metro area, and is home to nearly 38,000 residents in an 11.35 square mile area. The Public Works Department is responsible for the maintenance of City infrastructure, and primarily includes the Water Distribution division, Streets and Stormwater division, and Wastewater division. The Department has approximately 35 employees, including utility workers, administrative support, and supervisors who all utilize CMMS as part of daily work. The City GIS Department develops and maintains maps using ESRI ArcGIS, and publishes maps using Latitude Geographic’s GeoCortex software. The published maps are user friendly and accessed by staff members throughout the City. Currently, the Public Works Department utilizes a paper based system, and mobile capabilities are difficult to utilize. The GIS database and abovementioned mapping software are not integrated with the paper based system. The disjointed nature of these programs creates inefficiencies, and sometimes confusion when it comes to work and asset management. For these primary reasons and others, the Department is looking for a more efficient and effective way to manage work and track assets. The selected CMMS system should enable the Department to create streamlined work management practices and establish the foundation for a useful and informative asset management system. A GIS-centric program that is integrated with the City’s GIS Database (ESRI ArcGIS) and utilizes the GeoCortex publishing program is a requirement. Proposals that cannot meet this requirement will not be considered. Other components of a new CMMS system that are required or highly desired by the City include the following:

- User customizable work management processes, including work orders, asset records and hierarchies, and work assignment methods.

- Comprehensive asset management tools, such as customized reporting and cost tracking to facilitate further analysis.

- Linkages with existing City systems and software to promote ease of access to multiple programs, and eliminate double data entry.

The Scope of Work Under the Proposed Contract Can be Divided Into Three Main Parts (further described in Work Activities and Specifications section of this RFP):

1. Providing a CMMS system that meets the needs of the City and provides desired functionalities, as outlined in this RFP.

2. Installation of Selected System:

Selected Contractor will be responsible for the migration of existing data, setup of system on a City-hosted server.

Consultation and collaboration with City staff will be done to set up the front end of the program in a way that meets City’s needs

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Training shall be provided for staff members that will utilize the CMMS system.

3. Following installation, the contractor will provide continuing services for the duration of the contract period. Continuing services include:

Software support services, including troubleshooting of technical difficulties, and customer support for user questions. Contractor will provide software maintenance if necessary.

Updating software and providing training for City users as new versions of program are introduced or major changes implemented.

Continued Licensing

System Specifications and Work Activities The Scope of Work can be broken into three main segments, or “phases” that the Contractor is expected to provide and/or achieve for the City. The purchase of a new CMMS system with required functionalities, installation and setup of the system, and the provision of continuing services are encompassed in the scope of work. Further details for each phase of the proposed contract are presented in subsections below.

Phase One: Purchase, System Specifications Phase One is to select a CMMS program that contains preferred characteristics and functionalities that will help the City accomplish its overall work and asset management goals, as presented in the introduction. Features of a CMMS program that the City requires and desires are explained below, and summarized in Exhibit E at the end of this RFP document. It is important to note that there are several minimum system requirements that must be met/provided in order for Proposals to be considered responsive. All minimum requirements are indicated and explained within this scope of work.

Map Based Program: A GIS-centric program that is directly integrated with the City’s GIS Database (ESRI ArcGIS) and utilizes the GeoCortex publishing program is a requirement for proposals to be considered responsive. The City currently utilizes GeoCortex to publish GIS map layers in a user friendly interface. The City plans to utilize GeoCortex in the new CMMS system. Ideally, the selected CMMS program will enable the creation and viewing of the CMMS data (such as work orders) from within the Geocortex environment. If a direct link exists, this will allow the Public Works and GIS group to operate using one streamlined asset database that is updated in real time as work is completed and asset data is updated. It is recognized that there are certain ‘vertical’ assets, such as pump stations, that may be difficult to add to a GIS database. There are also certain assets that are non-spatial, such as fleet and equipment that will be stored in a separate CMMS database. Work order and other work management data may also be stored in a separate CMMS database. Streamlined and Customizable Work Management: simplified and customizable work management functions are a main necessity in a new CMMS program. The City has defined certain attributes that are very important to accomplishing goals of improving workflow efficiency and ease of use. As indicated, some of these capabilities are requirements of a selected CMMS program, while others are additional desired functions.

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o Requirement: Mobile based access to the CMMS program is a requirement, as the City has many workers in the field that will need to access maps and work orders. Compatibility with Apple and Android platforms is necessary. Mobile platform can be a downloadable application or accessible via web browser.

o Requirement: Forms and fields must be able to be customized by the end user, with no back-end coding needed to edit the user interface. Front-end customization can ensure that the City can tailor the forms and fields to include data that is needed in a layout designed by staff.

o Requirement: Interactive map-based work management is a required functionality. Staff would like to access assets on a map to not only view asset information, but create work orders for any asset by simply clicking on it. Additionally, open work orders or requests that are visible or “flagged” on a map would be very beneficial.

o The City would like a variety of methods to manage work within the chosen CMMS program, including components such as a call log, requests, and work orders. In addition, scheduled maintenance capabilities with the potential for auto-generation of work orders is needed.

Comprehensive Asset Management and Reporting Capabilities: In addition to managing workflow, the selected CMMS system will serve as the asset database for the City. As stated, the City requires that the asset data in the CMMS system be linked in real time to the City’s GIS database. This connection will eliminate ‘double data entry’, and can help the City reach its goal of creating a more robust asset management system. The City has identified several elements in a CMMS system that would be beneficial to achieving asset management goals, presented below. Again, as indicated, some of the following capabilities are requirements, while others are added capabilities that the City would benefit from.

o Requirement: Asset records must be customizable, so the City is able to pick which data fields to include for each type of asset. The goal is to only have those fields for data that the City would like to track, as opposed to an overwhelming form with many unnecessary data fields that are not recorded in Lake Oswego.

o The City would utilize and benefit if the selected CMMS program had reporting capabilities, a desired element. The City would like the ability to create custom reports within the program.

o The City will initially utilize the selected CMMS program for basic data entry and reporting. As the asset database improves, future needs include criticality rating, tracking of life cycle costs, and condition assessment programs that will further allow the City to proactively maintain and replace infrastructure.

o An inventory module would be a beneficial component of a selected CMMS program. An integrated CMMS and inventory program solution would make tracking and purchasing inventory more efficient.

o Locates – the City does not currently track or record locates tickets or requests in a software program, but organizing and tracking these tickets as part of the CMMS software would be a useful addition.

Connection/Linkages with Existing City Software: Beyond program compatibility with the City GIS database and publishing software, the City would benefit greatly if the selected CMMS system could link or connect to other existing City databases and programs, as outlined below. The City acknowledges that these capabilities are add-ons, and may cost an additional amount beyond the base price. Proposers should address whether these capabilities exist, as part of

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their submitted proposal. Additional pricing for any add-on integrations or linkages shall be provided on a separate rate sheet, found in Exhibit C of this RFP.

o Tyler Incode – the City utilizes Tyler Incode for budgeting and utility billing purposes. o Granite G-Net – this program is utilized for sewer line videos and NASSCO

assessment/ratings. o Accela – this program is utilized for permitting and land management purposes.

Phase Two: Installation and Setup of CMMS Part of selecting a CMMS program that best meets the City’s needs is the successful installation and setup of the program. This part of the scope of work has specific deliverables that the City expects from a chosen contractor, including consultation with City staff for setup/design of the end user interface, staff training, and quantity/type of licenses needed. Overall, the selected Contractor shall be responsible for the installation and implementation of a complete and ready to use CMMS program, which City staff are trained and able to use. Coordination with City: Prior to the installation process beginning, the Contractor shall organize a kickoff meeting with the City to discuss the setup process and timeline. A kickoff meeting will be a time for questions and any potential issues to be discussed by both parties prior to work beginning. Data Hosting: Data will be hosted by the City. Continued hosting services will not be needed from the selected Contractor. Coordination with the City IT Department will be arranged as necessary as part of the installation and setup process. The selected CMMS program is required to work with Microsoft Windows and SQL server, both of which are used by the City. Transfer of Existing Asset and Work Management Data: Currently, the City asset management database has 1.6 gigabytes of asset and workflow data: the City does not anticipate that all of this data will need to be migrated. City staff will collaborate internally and with the selected Contractor to decide which data shall be migrated. The Contractor is expected to carry out data migration and initial setup work on the City’s server. The Contractor shall inform and coordinate with the City IT Department before the data migration takes place. The data migration can happen offsite as long as the database doesn’t contain any personally identifiable information (PII). Related to data migration, another setup task will be setting up and connecting the selected CMMS program with the City’s GIS database and Geocortex publishing software. The Contractor can work with the City GIS staff to ensure this setup is successful. Consultation with City Staff: The selected Contractor will be expected to consult with City staff so the CMMS program’s work management processes and other customizable features can be set up in a manner that the City has helped define. Customizable templates, forms, and fields within the program will be established in a collaborative process. The City expects that several one on one consultation sessions will be needed for the City to communicate and work with the Contractor to set up the front end interface so it coincides with the City’s workflow process. Licensing: Part of the installation process will include establishing the licenses that the City has purchased. Proposers shall present their licensing framework and costs as part of their proposal. Ideally, the program will have different ‘user allowance levels’ depending on the user. For example, a utility worker will need allowances to view and close work orders in the program, while a director or supervisor will need a higher level of access to view work for the entire crew, create reports, and other analytical tasks. The City anticipates that approximately 55 users will need access to use the selected

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CMMS program, but users will not be concurrent. Approximately 30 user licenses will need to be accessed concurrently at any given time. When presenting the licensing framework, Proposers should present the framework that best meets the needs of the City based on this background information. Training: City staff will need to be trained in how to use the newly installed CMMS program. The City expects to have different levels of users, and therefore, different amounts of training will be necessary depending on which work group is receiving training. Proposers shall present their approach to training staff as part of their submitted proposal. The selected contractor shall also provide a digital users guide for the City. The following list has groups of employees, and the amount of training that the City anticipates receiving for each ‘user level’, with 20 hours of training needed in total. The cost of training shall be incorporated into the proposal.

o Utility and other Field Workers – 3 hours of training – these basic users will need to know about work management processes, use of map and mobile capabilities.

o Administrative Staff, Supervisors, Director—15 hours of training - advanced users, will need to be trained on the basic capabilities of the program, but will also need to learn about the more advanced customization of the program, reporting, and in depth work management tools/processes that they will be frequently using.

o Users from Other Departments – 2 hours of training – these users are those in other City departments, such as finance and engineering, which will be utilizing the CMMS program for a specific task. That is, they will not need training on how to utilize the entire program, but will need to be informed on how to use the program as it applies to their needs and the tasks they will be completing within the software.

Phase Three: Continuing Services After the initial purchase and setup of the program is complete, the City will need continuing services and support from the Contractor. This portion of the Contract is renewable on an annual basis, as discussed in the introduction. The City anticipates that the following services will be included as part of the continuing services provided by the selected Contractor. Licensing: The Contractor shall provide licenses for City users on a continuing basis. The City shall have the option to adjust license quantities upon each renewal of the Contract. If, during the course of the contract, City staff go over the quantity of licenses that have been purchased from the Contractor, i.e. more users log in than licensing agreement permits, the City shall receive a notification, warning, or the particular user shall not be permitted entry into the software. No fines shall be assessed. Customer Support and Troubleshooting: The Contractor will provide technical assistance to users that are experiencing trouble with the program or have questions about how to use certain components of the program. Customer support may be in the form of phone assistance, email support, live chat, in-person visits, or any combination of these methods. Software support shall be provided 8x5xNBD. If software maintenance or fixes are needed due to bugs or issues the City is experiencing, the Contractor must provide this service. If the Contractor charges for troubleshooting and/or technical support services, these prices shall be provided in the proposal. New Versions of Program or other Software Upgrades: When the Contractor introduces new versions or major updates to the selected CMMS software, the City expects that the Contractor will notify City staff,

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and will then coordinate a time to install and implement the new updates. Testing of new upgrades should be provided and if necessary, a sandbox version shall be utilized so City operations are not disrupted for long periods of time. If the City decides that further training is needed to learn about updates or other changes to the program, the Contractor shall provide this training. If there are additional costs for these upgrade services shall be included in the proposal.

SECTION TWO – INSTRUCTIONS TO PROPOSERS

PROPOSER CONFORMANCE TO SOLICITATION REQUIREMENTS Proposals must follow the requirements stated within this Request for Proposals. Adherence to these requirements will ensure a fair and objective analysis of your Proposal. All responses must be made in the format outlined in the sections below and Section Three – Proposal Requirements. Failure to comply with or complete any part of this Request for Proposals may result in rejection of your proposal.

ANTICIPATED SOLICITATION AND AWARD SCHEDULE (SUBJECT TO CHANGE)

Item Date

Distribute RFP Monday, October 2, 2017

Deadline for written request for clarification Thursday, October 12, 2017

Addenda Issued, if any Monday, October 16, 2017

Proposals due from Proposers at 10:00 a.m. Wednesday, November 2, 2017

Notice of Intent to Award* Wednesday, November 15, 2017

Award Service Contract* Wednesday, November 22, 2017

Commencement of Services* Tuesday, November 28 2017

*Note: Date of award of contract may be shortened or extended, as necessary to negotiate any of proposer’s modifications to contract.

PROPOSER QUESTIONS REGARDING RFP If discrepancies or omissions are found or there is doubt as to the true meaning of any part of this RFP, a written request for clarification or interpretation shall be submitted no later than the date stated for “Deadline for written request for clarification” in the “Anticipated Solicitation and Award Schedule (Subject To Change)” subsection above, to the City’s Project Manager. Responses to requests for clarification along with any addenda to this RFP will be issued in the manner provided for RFP addenda, below.

MODIFICATION OF REQUEST FOR PROPOSALS / PROPOSER’S OBLIGATIONS REGARDING DISTRIBUTION OF RFP ADDENDA / RFP WITHDRAWAL The City may modify, revise or withdraw this Request for Proposals. Any change to this document shall be made by written addendum by the City.

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Addenda shall be issued no later than the date stated for “Addenda Issued, if any” in the “Anticipated Solicitation and Award Schedule (Subject To Change)” subsection above. Addenda shall be distributed to all potential Proposers as follows:

Emailed to all Proposers that the City has distributed the RFP to for potential bidding. Any addenda so issued shall be considered part of this RFP.

SUBMISSION OF PROPOSALS Deadline for Submission: The deadline to submit the Proposal is stated at “Proposals due from Proposers at 10:00 a.m.” in the “Anticipated Solicitation and Award Schedule (Subject To Change)” subsection above.

Manner of Submitting Proposal: Please submit written or electronic proposals as follows: Person to Receive Quotation: Rachel Sykes, Management Analyst

Telephone Number to confirm receipt of Proposal: 503-534-5734 Electronic Submission (E-mail or Fax):

E-mail: Submit proposal in Word, Excel, or PDF format to rsykes@ci.oswego.or.us. Fax: Submit to Fax Transmission Number: 503-697-7411

Submit by the date and time stated above. The submitter is urged to submit the electronic quotation at least 2 business hours prior to the deadline for submission. If a “reply confirmation” of receipt of quotation is not received by the submitter 1 business hour prior to the deadline for submission, it is the submitter’s responsibility to telephone the person named above to assure receipt of quotation. Mail (*Early Submission Deadline): Mailed proposals must be received and in the below PO Box by the time the City collects the mail from the PO Box (at or shortly after 8 am.). Proposals not in the PO Box when the City collects the mail from the PO Box will be deemed a late submission. It is the proposer’s risk on when post office personnel will place mailed quotations in the PO Box.

Mailing Address: Lake Oswego Public Works Department

Attn: Rachel Sykes P.O. Box 369

Lake Oswego, OR 97034

Physical Delivery: Hand delivered proposals must be received by the Date and Time for Submission. Physical Address: Rachel Sykes

17601 Pilkington Road

Lake Oswego, OR 97035

PROPOSAL WITHDRAWAL Any Proposal may be withdrawn at any time before the "Proposal Deadline" date and time specified in the Notice of Request for Proposals by providing written request for the withdrawal of the proposal to

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the City Project Manager. The request shall be executed by a duly authorized representative of the Proposer. Withdrawal of a proposal will not prejudice the right of the Proposer to file a new proposal.

REJECTION OF PROPOSALS / CANCELLATION OF SOLICITATION The City reserves the right to reject any or all Proposals. The City may reject any proposal not in compliance with all prescribed public proposing procedures and requirements and may reject any or all Proposals upon a finding of the City that it is the public interest to do so. However, the City also reserves the right to waive any non-material irregularities or information in any proposal. Receipt and evaluation of proposals do not obligate the City to award a contract.

DURATION OF PROPOSAL All Proposals shall be effective for sixty (60) days following the deadline for submission of Proposals.

PROPOSAL COSTS The Proposer is liable for all costs incurred in the preparation and submission of the proposal.

OWNERSHIP OF PROPOSAL MATERIALS Any material submitted by a Proposer shall become the property of the City unless otherwise specified.

PUBLIC RECORDS Proposal materials submitted are “public records” pursuant to ORS 192.410 et seq., and are subject to public disclosure following notice of intent to award contract, except to the extent the material is exempt from disclosure by law. Proprietary information should be segregated on separate page(s) and each page marked “confidential / proprietary”. This shall be deemed to be a request for confidentiality of the information on the designated page(s). If a request is made for disclosure of the material on the pages marked “confidential / proprietary,” City shall notify the Proposer and provide an opportunity to defend against the request for disclosure, subject to the time limitations imposed upon the City for review and response to requests for disclosure.

NON-DISCRIMINATION STATEMENT This solicitation is open to all persons without regard to race, religion, color, national origin, sex, sexual orientation, age, marital status, handicap, or political affiliation.

EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT By submitting this proposal, the Proposer certifies conformance to the applicable Oregon statutes and regulations concerning Affirmative Action toward Equal Employment Opportunities.

NON-COLLUSION REPRESENTATION By submission of a Proposal, the Proposer certifies that no officer, agent or employee of the City of Lake Oswego has a financial interest in this project or has participated in contract negotiations on behalf of the City; that the proposal is made in good faith, without fraud, collusion, or connection of any kind with any other proposer for the same solicitation; the proposer is competing solely on its own behalf without connection with, or obligation to an undisclosed person(s) or firm(s).

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PUBLIC CONTRACT RULES Except as modified by the terms of this Request for Proposal, the terms and procedures of the Lake Oswego Public Contract Rules (LOPCRs) shall apply. A copy of the LOPCR may be obtained by contacting the Project Manager or at the Lake Oswego City Attorney’s Office website, http://www.ci.oswego.or.us/cityattorney/, under the “Resources” tab.

SECTION THREE: PROPOSAL REQUIRMENTS

Proposal Requirements are used to demonstrate that the Proposer meets Section Four, Evaluation of Proposals. Accordingly, the Proposer should review the criteria during the preparation of proposal. All proposals must be submitted with a 30 single sided page limit, 12 point font, with all exhibits and forms required included in the proposal length.

Proposal Components Proposals must contain the following completed components, which are explained in greater detail below:

1. Letter of Introduction, Proposer Background 2. Key Personnel 3. Similar Work and References 4. Minimum Requirements 5. Approach to Work - Provide Information About the Following:

a. Introduction to Software b. Discussion of CMMS Program Capabilities c. Installation and Setup Process and Timeline d. Description of Continuing Services and Support offered

6. Cost Schedule – Provide Cost Estimates for the Following: a. Licensing Framework and Cost b. Setup, Installation, and Training Costs c. Costs for ‘add on’ integration with existing City software d. Costs for continuing support and maintenance e. 10-year cost projection

Failure to complete and submit all required forms will result in a non-responsive proposal. Exhibit E, at the end of this RFP, presents a succinct checklist of all required and desired components of a CMMS program.

Letter of Introduction This portion of the proposal should be an introduction to the Proposing firm, should identify the RFP subject, name and title of contact person, address, telephone number, email address, and date of submission. The letter should also include the primary business experience of the Proposer, length of time in business, ownership, location of offices, and any other primary business information deemed appropriate.

Key Personnel and Certifications Provide an introduction of key personnel that will be working under the contract. Specifically include information about the person that will be the Project Manager for the Contractor, who will be in charge

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of coordinating installation and training with the City. Also identify and introduce the contact person that the City will be working with beyond the initial installation/setup for continuing service and troubleshooting needs. Attaching resumes for key personnel is optional.

Similar Work and References Proposals should include examples to show that the Proposing firm has experience providing, installing, and providing continuing support for their CMMS product. This should include three examples of similar projects completed in the last 5 years. Include projects that best demonstrate the Proposer’s abilities to accomplish this Work in a manner that the City has described within the Scope of Work. In addition, proposals should include references for similar services from the three examples of similar work. At least one reference from each similar work experience is required. Specifically, the reference information shall include the name and address of the customer, and the name, telephone number, and email address (if available) of the project manager for each reference.

Minimum Requirements The proposal requirements discussed in this section are required for proposals to be considered responsive. The proposed CMMS program must provide and/or meet each of the points listed below. Proposals must clearly indicate that each point can be fulfilled, and provide an explanation where requested. This section will not be awarded points, but must be completed to exemplify that the program and proposal meets the minimum requirements and can be considered a responsive bid.

- Map Based Program: describe how the proposed CMMS program will be integrated with the City’s GIS database (ESRI, ArcGIS database) and the Geocortex publishing service. Provide information about system requirements that the City must have in place for integration to be successful. Provide a description of how a separate CMMS database would be developed for data that cannot feasibly be stored in the GIS database.

- Compatibility with Microsoft Windows, SQL Server Database: please indicate whether the proposed software is compatible with the two aforementioned platforms.

- Mobile Capabilities: provide a statement of proposed program’s mobile capabilities. Is the mobile application usable on Apple and Android devices? Provide basic information about the capabilities of the mobile application.

- Interactive, Map Based Program: provide information or diagrams to show how the CMMS program is map based: that is, how an interactive map can be used as part of workflow management.

- Front End User Customization: the City requires a program that can be easily customized on the front-end, with no back end coding necessary. Provide basic details about front end user customization of forms, fields, asset record templates, and other user interface components of CMMS program.

Approach to Work This portion of the proposal shall include several components in order to address each phase of the Scope of Work. The following subcategories describe each component that Proposers should include in this part of proposals.

Introduction to Software Proposer shall present an introduction to the CMMS program that is being offered. General information about the main aspects and highlights of the program can be discussed. A description of the key benefits of the program should be included in this introduction.

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Discussion of CMMS Program Capabilities For this portion of the Approach to Work, proposals shall describe and illustrate how the CMMS program contains or fulfills those capabilities that are not part of the minimum requirements, but are desired by the City in a new CMMS program. These capabilities are described in the scope of work. Topics addressed shall include:

Streamlined Work Management: Proposers shall describe how the CMMS program will improve workflow efficiency, workflow processes, and any other program components that will contribute to streamlined work processes and ease of use. Describe the different work management tools that are available within the program. A presentation or discussion of the user interface to illustrate capabilities can be included.

Comprehensive Asset Management and Reporting Capabilities: Proposal shall include a discussion of asset management within the CMMS program. A discussion about more in depth capabilities, including criticality rating, cost tracking, condition assessment tools, and/or other capabilities worth noting. If an inventory module is part of the CMMS software, brief information should be included as well. Lastly, proposals shall include information about reporting abilities within the program.

Linkages with Existing City Software: Proposers shall provide information about linking the CMMS system with City software programs as identified in the scope of work. Proposal shall identify whether a connection can be made, and if it can, a brief description of the interface should be presented.

Installation and Setup Process and Timeline The proposal shall discuss the installation and setup of the selected CMMS program. Proposers shall specifically address the deliverables that were presented in the Scope of Work. The proposal should provide answers and information about the following topics:

Migration of Data – The proposal should provide information about the data migration process, and identify all system requirements that the City’s network needs to provide for successful installation and setup of the selected program. Include information about the system requirements required to support ESRI and GeoCortex software.

Consultation with City Staff – Proposal shall discuss how the Contractor will provide guidance to the City when determining which data to migrate, and how they will partner with City staff to develop the end user interface, including customizable templates, fields, forms, and other features.

Timeline of Installation and Setup Process- A timeline covering the main steps that will be taken during the setup process must be provided.

Training – Proposals shall include a brief description of how the Contractor will conduct training for all staff, noting that different users will require different types of training.

Licensing – Licensing frameworks should be clearly presented. If alternative licensing options are available that will meet the needs of the City, the proposer shall briefly present how each alternative is structured.

Continuing Services and Support Proposers should discuss their approach to continued customer services that will be provided to the City after the selected CMMS program has been installed and training is complete. Proposals shall include information about software troubleshooting and support services that will be available to the City on a continued basis.

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When new versions or major upgrades to the selected program are introduced, the Proposal shall discuss how these updates will take place in the City, including a discussion of program testing, as well as continued training for City staff.

Cost Schedule:

Year One Cost/Rate Sheet Proposer shall provide a lump sum bid for the first year of services under the proposed contract. This includes purchase of the software, installation, and continuing services/licensing charges. Exhibit B provides a form with each component that Proposer shall include pricing information for. These individual costs will be added together for a total “Year One” price.

10-Year Cost Proposal After Year One costs are calculated, the Proposer shall provide pricing estimates for 10 years of services (including year one cost from Exhibit B and following nine years) in the form found in Exhibit C. Price estimates for years of continuing services shall include licensing costs, service and/or maintenance fees, and any other charges that will be incurred by the City. Assume that the number of licenses remains the same, and that 10 hours of support services will be needed by the City each year when calculating the yearly costs. If Proposer does not have a standard rate increase each year, please use a 3% rate inflation figure. After the yearly costs have been entered, Proposer shall sum the 10 yearly costs and provide a lump sum 10-year bid to the City. This lump sum bid will be the criteria upon which the cost section of Proposals will be evaluated. Separate Rate Sheet for Optional Add-on Components To ensure that bids are compared on an even basis, prices for optional components of the program that may cost extra should be added to the separate rate sheet found in Exhibit D. This includes optional modules or integration with other City software systems.

SERVICE CONTRACT TERMS The form of Contract that the successful Contractor will be expected to execute if awarded the contract is included. The Proposer should include in the proposal any objections to the form or terms of the Contract.

SECTION FOUR: EVALUATION OF PROPOSALS

SELECTION EVALUATION COMMITTEE All proposals shall be reviewed and evaluated by the Selection Evaluation Committee, as selected by the City’s Project Manager.

PROPOSAL EVALUATION CRITERIA Written Proposals will be evaluated on the basis of the criteria presented in the subcategories below. Proposals must demonstrate that the proposed CMMS program meets the minimum requirements, as presented in the scope of work (see also Exhibit E). Those proposals that meet the minimum requirements will then be awarded points based on the following criteria:

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Letter of Introduction Provide information that is helpful in defining the firm’s key characteristics: history of the proposing party leading into current operations. General information about the business conducted by the proposing firm, areas of expertise, and any other information to highlight the overall strengths of the Proposer will be taken into account.

Key Personnel and Certifications [Maximum 5 points] The main employees working under the contract should be identified and introduced via resume or other method. Information about their qualifications, prior experience, and expertise may be discussed. The project manager who will be coordinating the purchase, installation, and training portions of the contract should be introduced, along with the key person who will be working with the City for continuing services and licensing. If the same person will be responsible for install and continuing services, please note.

Similar Work and References [Maximum 10 points] Present three projects or contracts that the firm has managed and completed within the past five (5) years, to exemplify the capabilities of the firm to work under this contract. For each of the three projects listed as similar work in five (5) years, proposer should provide references for the City to follow up on. References will be contacted, and their feedback will affect the scoring of this section. A component of checking references may be viewing their use of the program in real time to get a real-life look at how the software functions.

Approach to Work [Maximum 45 points] The approach to work section will be scored based on the following criteria for each subcategory:

Introduction to Software: The proposal shall provide a basic introduction to the CMMS program, and present some of the main highlights or components of the program that make it a good fit for the needs of the City of Lake Oswego.

Discussion of CMMS Program Capabilities: This portion of the Proposal shall provide information about the components or capabilities of the CMMS program most desired by the City. A full description of the qualities and components that the City would like in a CMMS program can be found in the Scope of Work and in Exhibit E. Any and all of these capabilities can/should be discussed if the proposed software can provide it. Information about the following topics shall be provided and scored:

Work Management Tools and capabilities Add on modules (Locates, Inventory, or others) Comprehensive Asset Management Capabilities (condition assessments,

criticality rating, etc.) Reporting capabilities Integration with Existing City Software Programs (Tyler Incode, Accela, Granite

G-Net)

While not all of the City’s desired capabilities may be available within any one CMMS software, Proposers shall strive to discuss each of the capabilities that their program can offer the City. Higher points will be awarded to those Proposers that can exemplify that their CMMS program can provide many of the desired components or capabilities that the City is looking for.

17

Installation and Setup Process and Timeline: The Proposal shall include information to show that the Proposer understands and can complete the installation and setup of the selected program as presented in the scope of work. Information about how the City-hosted server should be set up must be included, along with system requirements for the program setup on the City’s network.

The work plan shall discuss how the Proposer plans to coordinate the project with the City, and how they will collaborate and work with City staff during setup to develop the end user interface in a way that the City helps design. In addition, the Proposal must discuss the approach to training, and how the Proposer will train different user groups of staff. Lastly, a timeline of the installation, setup and training process must be included.

Continuing Services and Support: The Proposal shall clearly define how the Proposing firm will approach continued customer service to the City. Along with any information that is pertinent about the annual licensing of the software, this section shall discuss support services that will be offered to the City on an ongoing basis. In addition, Proposals should discuss how the Proposing firm approaches software updates and additional training that may be needed for City staff as a result of system upgrades.

Cost [Maximum 40 points]: Proposer is expected to complete all cost information requested in Exhibit B and Exhibit C, attached to this request for proposals. The City will evaluate the proposals based on the 10-year lump sum bid provided in Exhibit C, as this bid amount aggregates the costs provided in Exhibit B and the yearly costs presented in Exhibit C. If the Proposed program can provide optional add-on components, any costs associated with these components should be entered in Exhibit D.

METHOD OF SELECTION: The Selection Evaluation Committee will review and evaluate all qualifying and responsive Proposals received in response to this RFP, based upon the above criteria. If awarded, the City will award a contract to the Contractor whose proposal the selection team deems would be most advantageous to the City, subject to resolution of Objections to Proposed Contract. During the evaluation process, the City has the right to request clarifications needed to better understand the proposal. Any clarifications to the proposal of the successful Proposer will be reduced to writing and made a part of the Proposal prior to issuance of Notice of Intent to Award.

OBJECTIONS TO PROPOSED CONTRACT Any objections to the form of the Contract shall be considered after a determination of the apparent highest ranked responsive, responsible Proposal is made, and the terms shall be subject to negotiation. The Project Manager, in consultation with the City Attorney, shall determine if any proposed modifications to the form of Contract requested by the apparent successful Proposer are acceptable to the City and do not present material risk to the City or increase the City’s costs. If the final negotiated terms are not acceptable to the apparent highest ranked responsive, responsible Proposer, that Proposer shall be declared not to be responsive, and the next apparent highest ranked responsive, responsible Proposer’s proposal and objections to form of Contract, if any, shall be considered, and so forth in order, until a responsive, responsible Proposer agreeable to execution of a form of Contract acceptable to the City and to the Proposer is ascertained.

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NOTICE OF INTENT TO AWARD Notice of Intent to Award the contract shall be issued by the City’s Project Manager as provided in AG Model Rules OAR 137-047-0610 to each Proposer in the same manner as issuance of Addenda (except Proposers in the third category must contact the City’s Project Manager not later than the 2nd business days after the Deadline for Submission of Proposals and each business day thereafter to ascertain when the Notice of Intent to Award is issued, or provide a legible email address). Any protest of the intended award of contract must be submitted in accordance with AG Model Rules OAR 137-047-0740.

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Exhibit B: Rate Sheet – Purchase, Install, and Fees for Services for Year One Proposers shall use the following form to provide pricing information for the components that together make up the Scope of Work. Adding the costs in the following table will make up the total cost for the City for “Year One” of the proposed contract. Provide pricing information for each of the work activities/components described, then add the amounts together and fill in the total cost in the space provided. This is the bid price offered to the City for the first year of services. After this form has been completed, continue to Exhibit C to provide pricing information for 10-years of services (including the year one cost provided in this section).

WORK ACTIVITY/PROGRAM COMPONENT

PRICE OFFERED

Software Cost: purchase of CMMS program, base package. If integration with the City’s GIS database and Geocortex are a separate price, please include that cost here.

Installation and Setup Cost: include pricing for migration of 1.55 gigs of SQL data, back-end setup, as well as consultation sessions with City and any other overhead charges.

Training Cost: price offered should be for 20 total hours of training sessions for City staff.

Continuing Service Costs: assume 10 hours of troubleshooting and software maintenance will be provided to the City during the first year of service (after initial installation). Please provide a total price for these 10 hours of service. Provide hourly rate for customer support and software maintenance services. If pricing is different based on activity, indicate and provide pricing for each activity. If no additional cost for these support services, record as zero.

$____________

Hourly rate: $ _____ x 10 hours

Upgrade Fees: if any fees are incurred for software upgrades or installation of new versions, provide cost. If no charge, record as zero.

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Licensing Costs – Consistent with the licensing framework presented by the Proposer, licensing costs should be added below. Include all costs that are included in the total licensing cost. Keep in mind that 55 users will need access to the program, with approximately 30 users concurrently accessing the program. If several licensing cost alternatives are available, present the framework that is most advantageous to the City from a pricing perspective.

Other Charges Not Previously Listed: Any fees or charges that the City will incur as part of the scope of work shall be labeled and listed in the provided space.

Note: If, during the course of the contract, City staff go over the quantity of licenses that have been purchased from the Contractor, i.e. more users log in than licensing agreement permits, the City shall receive a notification, warning, or the particular user shall not be permitted entry into the software. No fines shall be assessed.

TOTAL COST FOR YEAR ONE of SERVICES (add all costs from table): _________________

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EXHIBIT C: 10-year Projection of Costs For the licensing costs presented, please provide a 10-year projection of licensing costs to the City, with the assumption that the number of licenses (55) remains the same each year. For each fiscal year, present the total cost to the City, including licensing, maintenance, 10-hours of customer support, and any other anticipated yearly charges that the City will incur. Provide the hourly rate for customer support for each year in the space provided. If Proposer does not have a standard rate increase* each year, please use a 3% rate inflation figure for each year. * (If Proposer does have a standard rate of increase, state the rate of increase: __________%). After the yearly costs have been entered, sum the 10 yearly costs and provide a lump sum 10-year bid to the City. This lump sum bid will be the criteria upon which the cost section of Proposals will be evaluated.

Fiscal Year Licensing Cost Projection

FY 2018

*This amount is the Year One cost provided in Exhibit B FY 2019

Hourly Customer Support Cost:

FY 2020 Hourly Customer Support Cost:

FY 2021 Hourly Customer Support Cost:

FY 2022 Hourly Customer Support Cost:

FY 2023 Hourly Customer Support Cost:

FY 2024 Hourly Customer Support Cost:

FY 2025 Hourly Customer Support Cost:

FY 2026 Hourly Customer Support Cost:

FY 2027 Hourly Customer Support Cost:

TOTAL 10-YEAR COST TO CITY: _________________________________

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EXHIBIT D: Optional Add-on Components Costs for any additional program capabilities can be added in the table below. This pricing will not be factored in to any scoring of proposals, but will be utilized as a decision package that the City can choose from if a contract is executed.

WORK ACTIVITY/PROGRAM COMPONENT

PRICE OFFERED

Inventory Module Cost: if included in base package, please indicate. If unavailable, record as ‘n/a’.

Other Module Costs: indicate other add on modules below and provide prices for each. (Example: Locates tracking modules) ____________________________________ ____________________________________

Integration with Existing City Software Costs: provide prices for each program to integrate. If unavailable in proposed program, record as ‘n/a’.

- Tyler Incode - Granite G-Net - Accela

Tyler: _____________________ Granite: ___________________ Accela: ____________________

Hourl

Other add-on tools: provide pricing for any additional capabilities that have been presented as part of the proposal that cost an additional amount.

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Exhibit E - Checklist of CMMS Program Functions and Capabilities: The following table presents a list of all program functionalities or components that the City would like in a selected CMMS program. Each function is presented in the left hand column. The corresponding column on the right indicates whether the function is a required element of a proposed CMMS program, or whether it is a desired functionality of the program (and therefore does not have to be offered for the proposal to be considered responsive). More information about each component or program functionality can be found in the Scope of Work section in the RFP.

Program Component or Function Required or Desired?

Direct integration/link with City GIS Database, utilization of GeoCortex publishing program.

Required

Compatibility with Microsoft Windows and SQL server database Required

Mobile based access to CMMS program. Compatibility with Apple and Android platforms.

Required

Interactive, map based work management interface within CMMS program. Required

Front end user customization of forms, fields, asset record templates, and other user interface components of CMMS program. No back end coding needed for program customization.

Required

Variety of work management tools and capabilities, such as a call log, work request, work order, scheduled maintenance, auto generated work orders or other tools to make workflow management efficient.

Desired

Reporting capabilities (customizable report generation) Desired

Higher level asset management tools, such as life cycle tracking, criticality rating, condition assessment capabilities, or others

Desired

Inventory Module Desired

Tracking and Organization tool for Locate tickets Desired

Connection/Linkage with existing City software: Tyler Incode, Granite G-Net, Accela

Desired

Page 1 –Contract

CITY OF LAKE OSWEGO Standard Purchase and Service Contract

Purchase, Installation and Continuing Services for a

Computerized Maintenance Management System (CMMS)

Contractor: Contractor Name Date of Contract: Begin date Mailing Address:

Mailing Address City, State Zip

Date of Completion:

A. Installation of Selected Program:

B. Continuing Services:

Completion date

Completion date Note: City option for

5 annual renewals

WITNESSETH: Contractor and the City of Lake Oswego, a municipal corporation, mutually covenant and agree to and with each other as follows: 1. SCOPE OF WORK AND CONTRACT DOCUMENTS. The Contractor shall perform the Project as outlined in this Contract. The contract documents shall consist of, and any conflicts shall be resolved in the following priority:

A. This Contract; B. The City of Lake Oswego Standard Public Contract Provisions, which are attached

and hereby incorporated by reference; C. The attachments to this Contract in the following order of priority:

Exhibit A: Scope of Work – Installation and Commissioning, Continued Service

Exhibit B: Rate Sheet – Purchase, Install, and Fees for Services Year One

Exhibit C: 10-year Projection of Costs

Exhibit D: Optional Add-on Components D. Contractor’s proposal.

This contract shall supersede any prior representation or contract, written or oral. 2. DURATION OF CONTRACT. This Contract shall become effective on the date this Contract has been signed by every party hereto. Contractor acknowledges that no work has been or will be

Page 2 –Contract

performed for the project under this Contract until this Contract is fully executed and effective. Contractor shall complete performance of Installation Portion of contract on or before the Date of Completion stated above. After installation work has been completed, the contract will remain valid for continuing services, as defined in the scope of work. The City may elect to renew this Contract upon the same terms conditions for five (5) additional one year periods. Renewal shall occur upon written notice to Contractor not sooner than 120 days nor later than 60 days prior to the completion date stated above (for continuing service and maintenance), and the same date of each year thereafter for which the Contract is renewed. 3. PAYMENT. A. Amount of Payment. Contractor shall be compensated for all goods, materials, expenses, and services as follows:

i. Year One of Services (as presented in Exhibit B and Exhibit D, based on add-on components selected by City) $________________.

ii. Following Years of Service: rates for the ensuing years of the contract are set forth in Contractor’s proposal, with add-on components selected by City (Exhibits C and D): Year 2: ________________ Year 3: ________________ Year 4: ________________ Year 5: ________________ If Option(s) to Renew are Exercised:

Year 6: ________________ Year 7: ________________ Year 8: ________________ Year 9: ________________ Year 10: _______________

iii. Customer Service Rates (Years One – 10): See Contractor’s Proposal

B. Manner of Payment. Payment shall be due to the contractor, in accordance with the subsection C below, upon the following:

i. Payment for the purchase and installation of the CMMS system shall be made within thirty (30) days following completion of work. ii. Payment for licensing and any additional Maintenance and Technical Assistance work completed by Contractor shall be made at annual intervals paid within thirty (30) days of receipt of invoice.

Page 3 –Contract

C. Taxpayer Identification Report / Date and Method of Payment. No payment shall be due to the Contractor until the Contractor has submitted to the City’s Finance Department IRS Form W-9 Request for Taxpayer Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf). The City prefers to pay contractors by electronic fund transfer; the contractor may submit the EFT agreement (http://tinyurl.com/LO-EFT) to the City’s Finance Department. Payment shall be tendered, when due within 30 days from the date of receipt of the invoice. 4. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract. 5. TERMINATION.

A. Parties' Right to Terminate for Convenience. This Contract may be terminated at any time by mutual written consent of the parties. B. City’s Right to Terminate for Convenience. City may, at its sole discretion, terminate this Contract, in whole or in part, upon 10 days notice to Contractor. C. City's Right to Terminate for Cause. City may terminate this Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as Public Contracting Officer may establish in such notice, upon the occurrence of any of the following events: (i) City fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Contractor's Work; (ii) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Work under this Contract is prohibited or City is prohibited from paying for such Work from the planned funding source; (iii) Contractor no longer holds any license or certificate that is required to perform the Work; or (iv) Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 5 business days after delivery of Public Contracting Officer's notice, or such longer period as Public Contracting Officer may specify in such notice. D. Contractor's Right to Terminate for Cause. Contractor may terminate this Contract upon 30 days' notice to Public Contracting Officer if City fails to pay Contractor pursuant to the terms of this Contract and City fails to cure within 30 business days after receipt of Contractor's notice, or such longer period of cure as Contractor may specify in such notice.

Page 4 –Contract

E. Remedies. In the event of termination pursuant to subsections B, C(i), C(ii) or D, Contractor's sole remedy shall be a claim for the sum designated for accomplishing the Work multiplied by the percentage of Work completed and accepted by Public Contracting Officer, less previous amounts paid and any claim(s) which City has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor shall pay any excess to the City upon demand. In the event of termination pursuant to subsection C(iii) or C(iv), City shall have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under subsection C(iii) or C(iv), the rights and obligations of the parties shall be the same as if the Contract was terminated pursuant to subsection B. F. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract, unless Public Contracting Officer expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to Public Contracting Officer all documents, information, works-in-progress and other property that are or would be deliverables had the Contract been completed. Upon Public Contracting Officer's request, Contractor shall surrender to anyone Public Contracting Officer designates, all documents, research or objects or other tangible things needed to complete the Work. 6. INSURANCE. The Contractor will not perform any work under this contract until the City has received copies of Worker Compensation insurance policy or acceptable evidence that the Worker Compensation insurance and Employer's Liability policies are in force. The Contractor shall obtain prior to the commencement of the Contract, and shall maintain in full force and effect for the term of this contract, at the Contractor's expense, Worker Compensation insurance policy providing statutory coverage and Employer's Liability coverage of not less than $1 million per person per accident. Contractor expressly acknowledges and agrees that City is not providing any general liability or automobile insurance to Contractor and that as to the City and any third parties, Contractor bears sole liability for claims, damages, injury (including death) and losses, arising out of or resulting from Contractor's acts and omissions to act, including in the operation of Contractor's automobile or any other automobile, whether or not such use is related to Contractor's work under this contract, and Contractor shall make no claim against the City for any claim, damage, injury, or loss resulting thereby. The Contractor shall provide the City written notice of cancellation or material modification of the Worker Compensation and Employer's Liability insurance coverages for not less than the following notice for the purposes stated: 30 days prior notice for reasons other than non-payment; 10 days prior notice for non-payment. The Contractor shall further cause a certificate of insurance to be issued not less than 5 days prior to the policy expiration date by the Contractor’s insurance company or companies during the term of the Work, to assure that the required insurance is maintained.

Page 5 –Contract

INSERT CONTRACTOR NAME HERE By:_________________________________ Name:______________________________ Title: _______________________________ Date: _______________________________ Check one:

Sole Proprietor

Partnership Corporation Limited Liability Company

Limited Liability Partnership

Other:

Domicile, if other than Oregon:

CITY OF LAKE OSWEGO, an Oregon Municipal Corporation ____________________________________ Scott Lazenby, City Manager Date: ______________________ Public Contracting Officer 380 A Avenue PO Box 369 Lake Oswego, OR 97034 Date Authorized by Council, if applicable: _______________________________. APPROVED AS TO FORM: ___________________________________ Evan P. Boone, Deputy City Attorney

Ver. 1703

CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT (6/16)

Page 1 – City of Lake Oswego Standard Public Contract Provisions ( /1 )

The following City of Lake Oswego Standard Public Contract provisions are made a part of the Contract between City and Contractor by reference. Where the Lake Oswego Redevelopment Agency (LORA) is the contracting party, “City” shall refer to LORA.

CHANGES This contract, including all attachments and exhibits

annexed hereto, shall not be subject to modification or amendment except in writing, executed by both parties. This contract and any substantive changes to the scope of work or changes to the contract costs will not be effective until approved in writing by the City’s Public Contracting Officer (PCO).

INDEPENDENT CONTRACTOR STATUS The Contractor agrees and certifies that: A. The Contractor is engaged as an independent

contractor. Although the PCO reserves the right (i) to determine (and modify) the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance, City cannot and will not control the means or manner of Contractor's performance, nor provide any tools or equipment for the performance of the Work, except as provided elsewhere in this Contract. Contractor is responsible for determining the appropriate means and manner of performing the Work.

B. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, City will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations.

C. The Contractor will not, on account of any payments made under this contract, be eligible for any benefit from federal social security, workers' compensation, unemployment insurance, or the Public Employee's Retirement System, except as a self-employed individual;

D. Contractor is not currently an employee of the federal government or the State of Oregon; and

E. The Contractor is not a contributing member of the Public Employee's Retirement System.

F. Contractor is not an "officer," "employee," or "agent" of the City, as those terms are used in ORS 30.265.

OTHER CONTRACTORS The City may undertake or award other contracts for

additional or related work, and the Contractor shall fully cooperate with such other contractors and with any City employees concerned with such additional or related work, and shall coordinate its performance under this contract with such additional or related work. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by City employees.

SUBCONTRACTORS AND ASSIGNMENT Except as set forth in Contractor’s proposal or otherwise

in this Contract, no subcontract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted without obtaining the prior written consent of the City, which City may withhold without cause. In addition to any other provisions PCO may require, Contractor shall include in

any permitted subcontract under this Contract a requirement that the subcontractor be bound by the following sections of this Contract as if the subcontractor were the Contractor: Independent Contractor Status; Other Contractors; Hours of Labor; Ownership of Work; Indemnity and Hold Harmless; Records; Attorney Fees; Compliance with Laws. PCO's consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract.

This contract is not assignable by the Contractor, either whole or in part, unless Contractor has obtained the prior written consent of the City.

City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any enforceable benefit or right, whether directly, indirectly or otherwise, to third persons.

HOURS OF LABOR For those employees of Contractor covered or subject to

Oregon employment laws, the Contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201 et seq.).

ERRORS The Contractor shall perform such additional work as

may be necessary to correct Contractor’s errors in the work required under this contract without undue delays and without additional cost.

REPRESENTATIONS AND COVENANTS A. Contractor's Representations. Contractor represents and covenants to City that:

(1) Contractor has the power and authority to enter into and perform this Contract,

(2) This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and if Contractor is a partnership, corporation or other form of business entity, this contract was duly approved and executed pursuant to authority of the governing body or parties of the Contractor,

(3) Contractor is not in violation of any Oregon tax laws. (4) Upon acceptance of each project, the Contractor

warrants that it will carefully examine, as necessary, the site of the work contemplated and any plans, specifications, and contract documents pertaining to work, with the exception of unknown physical conditions at the work site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided herein..

(5) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work.

(6) Contractor will accomplish the work using a standard of performance and care that is currently accepted by other contractors engaged in similar work, under similar conditions and at the date the services are provided in the Portland metropolitan area (Standard of Care).

(7) Contractor’s invoices shall describe all work performed with particularity, by whom it was performed, and

CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT (6/16)

Page 2 – City of Lake Oswego Standard Public Contract Provisions ( /1 )

shall itemize and explain all expenses for which reimbursement is claimed. Contractor shall send invoices to City’s Project Manager.

(8) Contractor’s completion shall not extinguish or prejudice City's right to enforce this Contract with respect to any breach of Contractor warranty or any default or defect in Contractor performance (defect is defined herein as services that do not conform to the Standard of Care (Section 6) in the performance of the Contract).

(9) Contractor has no present interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its Work, and that in the performance of this contract no person having any such interest shall be employed.

(10) Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of contractor’s services, and in the performance of this contract no person having any such interest shall be employed. B. Cumulative. The representations and covenants set forth in this section are in addition to, and not in lieu of, any other representations and covenants provided.

OWNERSHIP OF WORK All work products of the Contractor, including

background data, documentation and staff work that is preliminary to final reports, which result from this contract are the exclusive property of the City. If this contract is terminated by either party or by default, the City following payment as required by the Contract, in addition to any other rights provided by this contract, may require the Contractor to transfer and deliver such partially completed reports or other documentation that the Contractor has specifically developed or specifically acquired for the performance of this contract.

The reports and all material contained in the reports (graphics, photos, etc.) shall become the property of the City; the City may reproduce and distribute the reports, or any part thereof, in such form as the City desires.

ELECTRONIC CONTRACTING AND REPORTS This contract and any amendments may be executed by

a party electronically by use of a digital signature issued by a city-recognized certification authority (such as Symantec Digital ID), pursuant to the Oregon Uniform Electronic Transactions Act, ORS Ch. 84.001 – 84.063. Upon execution of this contract electronically, the party consents to conduct further communications and transactions under this Contract by electronic means.

Unless otherwise stated in the Scope of Work or separately waived in writing, all final reports, including reports of phases of the project and of the entire project, shall be provided in both written and electronic format. Electronic format shall be in a format coordinated with the PCO and shall be fully compatible with such software programs specified by the PCO, .e.g. Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Microsoft Access, Microsoft Publisher, Adobe Creative Suite, Adobe PDF, or such other software program as specified by the PCO.

INDEMNITY AND HOLD HARMLESS The Contractor shall defend, indemnify, and hold the

City, its officers, agents and employees, harmless against all liability, loss, or expenses, including reasonable attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property, but only to the proportionate extent caused by or resulting from any act, error, or omission (excepting professional services performed under this Contract) of an act sustained in connection with the performance of this contract or by conditions created thereby, or based upon Contractor’s violation of any statute, ordinance or regulation.

With respect to professional services performed under this Contract, Contractor shall defend, indemnify, and hold the City, its officers, agents and employees, harmless against all liability, loss, or expenses, including reasonable attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property , but only to the proportionate extent caused by any negligent act, error, or omission of an act sustained in connection with the performance of this contract or by conditions created thereby, or based upon violation of any statute, ordinance or regulation.

RECORDS Contractor shall have access to the books, documents,

papers and records of the City as necessary for Contractor's performance of the work. The Contractor shall not disclose all or any part of such records to any other person, firm, corporation, association or other entity except as reasonably necessary to carry out the Work, without the consent of the Public Contracting Officer.

The Contractor agrees that the City and its authorized representatives shall have access to the books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcripts.

Contractor shall maintain all fiscal records directly relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that City’s duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of Contractor that are pertinent to this Contract to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

PUBLICATION RIGHTS/RIGHTS IN DATA To the extent the Work Product consists of material

capable of publication, all publication rights in the product produced by the Contractor in connection with the work provided for under this contract, whether in preliminary draft or final form, shall be vested in the City.

CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT (6/16)

Page 3 – City of Lake Oswego Standard Public Contract Provisions ( /1 )

The Contractor shall not publish any of the results of the work without the prior written permission of the City.

All original written material and other documentation, including background data, documentation, and staff work that is preliminary to final reports, originated and prepared for the City pursuant to this contract, shall become exclusively the property of the City. The ideas, concepts, know-how or techniques relating to data processing development during the course of this contract by the Contractor or City personnel, or jointly by the Contractor and City personnel, can be used by either party in any way it may deem appropriate.

Material already in the Contractor's possession, independently developed by the Contractor outside the scope of this contract or rightfully obtained by the Contractor from third parties, shall belong to the Contractor. However, the Contractor grants to the City a nonexclusive, irrevocable and royalty-free license to use such material to the extent such material is incorporated into the Work.

This contract shall not preclude the Contractor from developing materials that are competitive, irrespective of their similarity to materials which might be delivered to the City pursuant to this contract. The Contractor will not, however, use any written materials developed under this contract in developing materials for others, except as provided in this section.

CONFIDENTIALITY No reports, information and/or data given to or prepared

or assembled by the Contractor under this contract shall be made available to any individual or organization by the Contractor without the prior written approval of the City.

MEDIATION / VENUE In the event a dispute shall arise between the parties to

this contract, and prior to the commencement of any suit or action, the parties agree to participate in mediation in accordance with the mediation procedures of the Oregon Mediation Service, or such other procedures as the parties agree. The parties agree to share equally in the costs of the mediator. The mediator shall be selected by the parties, either upon mutual agreement within 15 days written notice by one party to the other requesting mediation, or if the parties are not able to agree upon a mediator within said period, the mediator shall be chosen by the City Manager from the list of mediators maintained by the Oregon Mediation Service (http://omediate.org).

Any action or suits involving any question arising under this contract must be brought in Clackamas County Circuit Court.

SEVERABILITY The parties agree that if any term or provision of this

contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid.

COMPLIANCE WITH LAWS The provisions of this contract shall be construed in

accordance with the provisions of the laws of the State of Oregon

and ordinances of the City of Lake Oswego, Oregon. The Contractor shall comply with all federal, state and

local laws and ordinances, applicable to public contracts relating to Contractor’s obligations and performance, and to the work to be done under this contract.

The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations on nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, sexual orientation, gender identity, marital status, age, medical condition, or disability.

WAIVER The failure of the City to enforce any provision of this

contract shall not constitute a waiver by the City of that or any other provision.

INTEGRATION This contract represents the entire and integrated

agreement between the Contractor and the City, and supersedes all prior negotiations, representations or agreements, either written or oral.