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HomeMy WebLinkAboutCAG2021-085 - Original - Go-Tek Automation, LLC - Master SCADA Programming Conversion & Hardware - 03/03/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached Original CAG2021-085 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Go-Tek Automation, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Go-Tek Automation, LLC organized under the laws of the State of Washington, located and doing business at 12811 8th Avenue W., Suite A202, Everett, WA 98204, Phone: (425) 379-5822, Contact: Guy Ostrom (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide services for the Master SCADA Programming Conversion and Hardware Upgrades. For a description and Vendor's quote, see Exhibit A which is attached and incorporated by this reference. The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II.TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by December 31, 2021. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Four Thousand, One Hundred Forty Three Dollars and Twenty Three Cents ($44,143.23), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after services described in Section I have been provided and submittal of invoice. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) VI.CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII.CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1.The date of the Vendor's claim; 2.The nature and circumstances that caused the claim; 3.The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5.An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX.LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI.DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page 03/03/2021 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: V 6--o — %GEC Acr/y ww Title: Du�.� %lo-nl.6�i�2 Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ KENT WASHtNGTox City of Kent's lrlaster SCADA Programming Conversign and Hardware Upgrades Summarv The City of Kent is requesting written bids to perform a complete PLC hardware replacement and code upgrade of two (2) existing 57-400 PLC's, one each at our headquarters (Shops) and back-up location (Kent East Hill) sites, This upgrade will include reviewing and converting the existing Siemens StepT V5.5 programs to TIA V16 at both locations. Backoround The City of Kent's Operations Division operates and maintains the City's SCADA system. These are the master PLC's that handle communications between remote site radios and the City's SCADA software, and alert us of system failures. For safety and redundancy purposes these two (2) master PLC's are virtually identical but installed at different locations. Functionalitv Only one master PLC can be operating at a time. If both are running the radio repeaters located in the field would conflict, Generally, the PLC located at the Shops is the online master. The other PLC located on the East Hill of Kent is physically turned off. For back-up operations, if the online Shops PLC fails, currently, an operator needs to physically turn on the PLC at the back-up location. Overall, there are two (2) servers running two separate instances of Wonderware. There are two (2) DASSI I/O servers that can be pointed to either PLC for proper communications. There are four (4) radios total, two (2) at each site, as there are two (2) repeaters in the field covering 50 remote sites through separate FCC licensed frequencies. Scooe of Work *PLC Programming and Hardware (The Contractor Shall) l.Review and become familiar with the existing Program 2. Convert the existing Siemens Step 7 program to TIA Portal V16. Programming shall be primarily completed in ladder logic unless functionally unreasonable. All code shall be open to the end user and be non-proprietary, 3. Review the existing hardware at both locations, review the memory required to meet the existing program requirements and provide enough memory capability to add a minimum of 20 additional (future) remote stations. Page 1 of 3 EXHIBIT A 5. Reasonably prepare the new program to easily add up to 20 additional remote sites. 6. Provide at least the minimum bill of materials listed at the end of this document, one set for each site, and a price for a third set, should the City elect to purchase it as spare parts. 7. Purchase, supply and set up all hardware required for a turnkey solution. 8. Provide all labor and material to remove both existing 57-400 PLC's and associated hardware from their respective enclosures and install the new Siemens PLC's and hardware in the same enclosure if feasible. If the new PLC's cannot fit in the existing enclosures (24"H x 24"W x L2"D) the contractor shall purchase and mount new enclosures with all necessary hardware. This is intended to include all wiring needed for a complete working installation. *Commissioning 1. For as close to zero down-time as possible, the City intends to commission each PLC independently. Therefore, only one (1) PLC will be replaced and tested at a time. This will allow an existing PLC to remain online and functional until the new PLC and program is fully tested and 100o/o functional. 2. The PLC at the East Hill back-up location will be replaced, tested, and commissioned first, followed by a one (1) week testing period, and then the Shop's location will follow. 3. All i/O functionality checks will be done with the assistance of City SCADA staff. 4. Proper communications to both radio repeaters, remote PLC's, and Wonderware will be confirrned with the assistance of City SCADA staff. 5. City staff will assist throughout with communication elements and other questions as required during programming, installation, and testing, 6. Updated drawings (.dwg files) of direct changes will provided by contractor, including Two (2) hard copies (11X17) and one (1) electronic copy of drawings One (1) electronic copy of the PLC program 7. At the conclusion of the contract minimum of one (1) day of training will be provided to City staff by contractor. This will include program and equipment as well as training and documented steps on how to modify the program to add new remote stations to the communications cycle. Proiect Duration Due to the critical nature of consistent communications between remote sites and the City's SCADA system, only one PLC will be replaced, tested, and commissioned at a time. Only upon successful completion of the first PLC conversion to the satisfaction of the City will the contractor be allowed to proceed to the second conversion. The City will conduct a full functional test of the first upgraded system for 1-week (7) calendar days before proceeding to the second conversion. Page 2 of 3 Contractor shall warrant all work including software changes and hardware installation for one (1) year upon final acceptance. This is to ensure proper functionality of software changes and hardware improvements. Goods and Services Aoreement The contractor will be required to enter into a Goods and Services Agreement with the City of Kent prior to commencement of any work or the purchase of any replacement hardware Bill.,of Materials The Siemens hardware below is the minimum accepted for this project. If you believe this project requires more or better hardware please bid it as you would build it for a system that you are willing to back up and warranty. Name Article number Qtv Load current supply PM '190W, 1201230V AC,24 V DC, I A 6EP1 333-48400 1 cPU 1513-1 PN 6ES751 3-1A102-0A80 1 Digital output, DQ 8x24VDC l2A HF 6E57522-1 BF00-0A80 I Communication module, CM PtP, RS232, High Feature 6E37541 -1 AD00-0A80 2 Mounting rail S7-1500, 482 mm, for l9" cabinets 6857590-1AE80-0M0 1 Front connector, screw-type terminal for 35mm modules, 40-pin 6ES7592-1AM00-0X80 1 Memory card, 24 MB 6E57954-81F03-0AA0 1 Communications processor, CP 1545-1, lndustrial Ethernet 6GK7545-1GX00-0XE0 1 Page 3 of 3 C r TEK AUTOMATION January 07,2020 GOK201203 Mr. Ron Halverson City of Kent 220 Fourth Ave South Ken, WA 98032 2s3-856-5613 Re: Master SCADA Programming Conversion and Hardware Upgrades - Headquarters PLC Replacement. Mr. Ron Halverson; Per several discussions in and around converting the 57-400 PLCs to the new Siemens 57-1500 Platform, Go-Tek is pleased to provide a proposal to replace both of your 57412 PLCs and associated communications and l/O modules at both the headquarters and East Hill. The conversion will consist of a new Siemens S71513 and associated Modbus Serial Cards output module(s)for loss of comms and PLC failure outputs. Both the Headquarters and East Hill will be idenUcal systems and loaded with the same program. ln addition, GO-TEK will review the original program blocks and remove or re-write code that is clearly not required or can be written more efficiently. Both PLCs will have the identical code and will be configured in the same project. This allows for any changes to be easily copied from one PLC to the other and all be contained in the same Project. The project will be written in TIA Portal version V16. Our engineer will also help to make sure the current version of Portal is loaded and that the new Headquarters project loads on City of Kent's PCs. Redundancy: There is currently no redundancy or "hot backup" proposed for this PLC replacement. This would require an additional fiber connection between the two PLCs as well as reconfiguring the communications since they both are set up identically with respect to lPs and Modbus Master addresses etc. would become very complex setup. Because these two PLCs don't actually affect the local Pump stations, the time to switch over isn't critical in that they are just providing the status and remote control from the Headquarters. No redundancy is provided in this proposal other than basically a "cold backup". As long as East Hill remains off, a contactor to pull in the power could be initiated by the Headquarters PLC however this a "nice to have not a need to have". Power Supplies: Because of pervious discussions, there are no additional provision for special Power Supplies. The current BOM calls oul a robust Power supply but is not redundant. Because the 120Vac Power is already UPS backed there is not real need to provide a 24Ydc Redundant supply. Simulation: Because the risk is high and any prolonged downtime can't be tolerated. GO-TEK will come to the job site prior to the day of commissioning and test the new PLC and Program for communications both to/from the remote PLCs as well as communications to the existing Wonderware connection(s). Note: having recently converted an 57-400 to an S7-1500 with Wonderware as the SCADA, A new driver will be required to be loaded to Wondenrvare. Having had experience with this loading the correct driver and sefting this up will be a matter of a few minutes. Once tested and verified proper operation. The actual down or outages will be scheduled with complete confidence. This proposal will include the engineering of all necessary hardware to replace PLCs and l/O modules. The PLC hardware was selecled to be as close to a direct replacement as possible. This will allow for a clean wire for wire cable for cable replacement. File: COK201203.docx GO-TEK Automation will provide the following goods and seryices: PLC and HMI Programming:a. Review Existing S7-400 Programsb. Convert the 57-400 to S7-1500 using TIA portal V16c. Rewrite sections of the program and remove un-needed coded. Prior to commissioning, testing of the Modbus communications using the new PLC rack at the site. Once communications is confirmed at the headquarters - move to commissioning. 2. Commissioning - 2 Days of onsite install and start-up (16hr Days)a. Remove existing S7-400s (one site at a time)b. lnstallnew S7-1500s in their placec. Reconnect the existing wires to the newly installed S7-1500 PLCsd. Perform l/O checkout with help from Kevin/Rone. Commission site checking all functions for proper operation.f. Provide training and hand over final project. 3. PLC Hardware Qtv Part Number Descriotion Headquarters 1 6EP133348A00 Load current supply PM 190W, 120/230 V AC,24 V DC. I A 1 6ES751 3-1 AL02-0A80 cPU 1513-1 PN 1 6E57522-18F00{AB0 Dioital output. DQ 8x24VDC/2A HF ?6ES7541-1AD00-0A80 Communication module. CM ftP. RS232. Hioh Fealure I 6ES7590-1AE80-0AA0 Mountino rail S7-1500. 482mm. for l9" cabinets 1 6ES7592-1AM00-0X80 Front connector. screw-tvDe terminal for 35mm modules, 40-oin 1 6ES7954€1F03-0M0 Memory card. 24 MB 1 6GK7545-1 GX00-0XE0 Communications orocessor. CP 154*1 .lndustrial Ethemet East Hill {Backuo Headouarters PLC) I 6EP133348A00 Load current suoolv PM 190W. 120/230 V AC.24 V DC. I A 1 6ES7513-14102-0A80 cPU 1513-1 PN ,|6E57522-18F00-0A80 Dioital outout. DQ 8x24VDCi2A HF 2 6ES754 1 -1 AD00-0A80 Communication module. CM ftP, RS232. Hioh Feature 1 6ES7590-1AE80-0AA0 Mountino rail S7-1500, 482mm. for 19" cabinets 1 6E57592-1AM00-0XB0 Front connector, screw-tvpe terminal for 35mm modules, 40-pin I 6ES7954-81F03-0AA0 Memory card, 24 MB 1 6GK7545-1 GX00-0XE0 Communications processor, CP 1545-1 , lndustrial Ethemet Items '1.. Items 2.. Items 3.. TOTAL.. ,......$18,558.00 ,........$5,058.40 ....*$&-4ZZJO ........$40,093,76 File: COK20l203.docx a Notes: (l) Additionalparts needed at site, (switches, instrumentation, etc.) are not included in this proposal., (2) Additional onsite time above and beyond the 2 days quoted will be billed at our standard T&M rate of 130.00/hr and $80.00/hr for travel plus expenses at a cost plus l0ohand Mileage @ 0.54 cents/mile. Overtime is billed at 1.5 times over {0 hours and Saturdays and Sundays. (3) Training if requested will be provided while onsite and could extend the 2 day start- up or could be done at a later date. (4) Because both 1500 PLCs willbe in the same project. Maintaining both programs and keeping the program current will be much simpler than the current S7400 programs. (5) Assistance in upgrading the Gity's current Vl 5.1 to Vl6 can be done either while onsite or because there are several programs out there that at previous versions. A Vt6 VM can be provided as a temporary solution prior to migrating to Vl6. Delivery: 8-10 weeks upon receipt of Purchase order Payment Terms: Standard Net 30 days Freight: FOB Everett, WA. Federal, State and Local taxes are not included. Thank you for the opportunity to provide this proposal. I look forward to working with City of Kent on this project and future projects like this one. lf you have any questions, or require additional information, please contact me on my cell phone (425)-328-9036. Sincerely, GO-TEK Automation LLC. Guy Ostrom Owner/Manger http ://www.oo-teka utomation.coml File: COK20'l203.docx EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Philadelphia Indemnity Insurance Co. 2/22/2021 USI Insurance Services LLC 601 Union Street, Suite 1000 Seattle, WA 98101 206 441-6300 206-441-6300 610-362-8503 select@usi.com GO-TEK Automation LLC 12811 8th Ave W Suite A202 Everett, WA 98204 18058 A X X PHSD1581627 12/02/2020 12/02/2021 1,000,000 50,000 5,000 1,000,000 3,000,000 3,000,000 A X X PHSD1581627 12/02/2020 12/02/2021 1,000,000 A X X X 10000 PHUB746325 12/02/2020 12/02/2021 2,000,000 2,000,000 A N PHSD1581627 [WA Stop Gap] 12/02/2020 12/02/2021 X 1,000,000 1,000,000 1,000,000 A A Cyber Liabil Professional Liab PHSD1588969 PHSD1581627 12/02/2020 12/02/2020 12/02/2021 12/02/2021 $1M Each/Agg, $5K Ded $1M Each/Agg, $5K Ded The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the City of Kent only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. City of Kent 220 Fourth Ave. S. Kent, WA 98032 1 of 1 #S31224726/M31224253 GOTEKAUTClient#: 1490358 USBZP 1 of 1 #S31224726/M31224253 This page has been left blank intentionally. PI BOP FORM SCH 1 01 18 Form Schedule – Businessowners Select Policy Number: PHBX20001632 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description CPD-PIIC-BOP 01 18 Common Policy Declarations PI BOP DS 01 01 18 Policy Declarations PI BOP SUPP DEC 1 01 18 Supplemental Declarations BP 00 03 07 13 Businessowners Coverage Form BP 01 06 03 15 Washington Changes BP 04 50 07 13 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization BP 04 60 01 10 Washington Employment-Related Practices Exclusion BP 04 73 01 06 Washington Changes - Domestic Abuse BP 05 01 07 02 Calculation of Premium BP 05 18 01 15 Washington - Amendment of Terrorism Exclusions BP 06 12 11 13 Washington Changes - Defense Costs BP 15 05 05 14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information and Data-Related Liability - Limited Bodily Injury Exception Not Included PI-ACL-001 01 20 Absolute Cyber Liability and Electronic Exclusion PI-BOP-001 01 18 Absolute Exclusion for Pollution, Organic Pathogen, Silica, Asbestos and Lead PI-BOP-003 01 18 Blanket Additional Insured PI-BOP-004 01 18 Bodily Injury Redefined PI-BOP-005 01 18 Businessowners Enhancement Deluxe PI-BOP-006 01 18 Exclusion - Asbestos, Lead Contamination, Absolute Pollution, Mold, Fungus, Bacteria, Virus and Organic Pathogen PI-BOP-007 01 18 Business Income and Extra Expense PI-BOP-009 01 18 Two or More Coverage Parts or Policies Issued By Us PI-BOP-012 WA 02 19 Hired and Non-Owned Auto Liability - Washington PI-BOP-013 01 18 Water Exclusion PI-BOP-022 08 19 Aggregate Limits Amendment PI-BOP-023 08 19 Abuse or Molestation Exclusion for Business Liability and Professional Liability PI-TER-DN1 01 15 Disclosure Notice of Terrorism Insurance Coverage Rejection Option PI BOP FORM SCH 1 01 18 Philadelphia Indemnity Insurance Company PI-BOP-003 (01/18) PI-BOP-003 (01/18) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. SECTION II – LIABILITY, C. Who Is An Insured is amended to include the following as an additional insured: Any person(s) or organization(s) for whom you are performing “your work” under a written contract or agreement, that requires such person(s) or organization(s) to be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” occurring after the effective date of such contract or agreement that is caused, in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of “your work” for the additional insured. Coverage for an additional insured under this endorsement ends when “your work” for that additional insured ends or is put to its intended use by any person or organization. B. The following is added to SECTION II – LIABILITY, B. Exclusions, 3. Applicable To Both Business Liability Coverage And Medical Expenses Coverage – Nuclear Energy Liability Exclusion with respect to this endorsement only: There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for “bodily injury”, “property damage” or “personal and advertising injury” occurring: a. After all of “your work”, including materials, parts or equipment furnished in connection with “your work” and performed under the above referenced written contract(s) or agreement(s) has ended; or b. When that portion of “your work” out of which the “bodily injury”, “property damage” or “personal and advertising injury” arises and performed under the above referenced written contract(s) or agreement(s) has been put to its intended use by any person or organization; whichever occurs first. POLICY NUMBER: PHBX20001632 BUSINESSOWNERS BP 04 50 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Kent 12811 8th Ave W Ste A202-203, Everett, WA 98204 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Liability is amended as follows: A.The following is added to Paragraph C. Who Is An Insured: 3.Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: a.The insurance afforded to such additional insured only applies to the extent permitted by law; and b.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. BP 04 50 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C.With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. BP 04 50 07 13 © Insurance Services Office, Inc., 2012 Page 2 of 2