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HomeMy WebLinkAbout2012-157 Contract - AVS Automated Valve SRVCs Contract for GOODS AND SERVICES Less than $25,000 C 1 T Y `O F CONTRACTOR: AVS Automated Valve Services ASHLAND CONTACT: Corey Booth 20 East Main Street Ashland, Oregon 97520 ADDRESS: 19419 Rona Lane Suite C, Anderson, CA 96007 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 530-638-3385 RECEIVED DATE AGREEMENT PREPARED: July 10 2012 FAX: BEGINNING DATE: July 10 2012 COMPLETION DATE: July 31, 2012 effity of Ashland COMPENSATION: $6,580.00 per estimate attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to supply, install and calibrate new valve actuator at the Granite Street reservoir per estimate attached as Exhibit C. ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to$25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents:All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,494 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments,.subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate.or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. . 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Contractor or its insurers to the City. e. . Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractors insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law;Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, 'the claim") between the City(and/or any other or department of the State of Oregon)and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonapproprlatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland By / By (� � L Signature Department Head t7 eFS/ ,&271 t Xg kA- pPrint game Print Name Title Date W-9 One copy of a W-9 is to be submitted with ©C�g� the signed contract. Purchase Order No. EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. c� (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. 10`X (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Estimate AUTQMATE�VALVE SERVICES INC. 19419 RONA LANE SUITE C ANDERSON, CA. 96007 530.638.3385 Name/Address CITY OF ASHLAND 20 E MAIN ST ASHLAND, OR 97520 Date Estimate No. 07/09/12 822 Item Description Qcan Cost Delivery Total ACTUATOR EIM CONTROLS M2CP ACTUATOR 1 5,730.00 IN STOCK 5,730.00T MODEL Q6D2-B. THIS IS A DIRECT REPLACEMENT BUT WITH UPGRADED FUTRONIC BOARDS. LABOR LABOR TO TRTAVEL TO ASHLAND AND 10 85.00 850.00 INSTALL AND CALIBRATE THE NEW ACTUATOR. EXEMPT 0.00% 0.00 TOTAL $6,580.00 THE ABOVE ESTIMATE DOES NOT INCLUDE APPLICABLE FREIGHT CHARGES AND IS GOOD FOR A PERIOD OF THIRTY DAYS. 07/1212012 13:05 N Orgy OWD P.0011003 ACORIQ CERTIFICATE OF LIABILITY INSURANCE F EATT:(MtlIDDIYYYT) 07/10/2012 THIS CERTIFICATE It ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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 cartificane holder Is an ADDITIONAL INSURED,the policy es must be endorsed. M SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an emlonmment A statement on this Certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME: SFI Insurance Services N,E"'�t ,x. $30.244,7446 p� Mo,530,242,0105 1322 Butte Street ADDRESS: Redding, CA 96001 I AR`ORDINGCOVERAGE NAICE INSURERA; Century Surety Co. INSURED Automated Valve Services, Inc. INSURER Bi Progressive Casualty 24260 19419 Rona Ln. Ste. C INSURERC; Anderson, CA 96007 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 11-1Z W/ WC REVISION NUMBER: THIS IS TO CERTIFY T THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOPINSURANCE INSR VYYD POLICY NUMBER MMd] UMDS GENERAL LIABILITY CCP73081 09!1011911 0911012012 EACH OCCURRENCE $ 1,00 'ODG X COMMERCMLGENFRALLIASILMY PREMISES Eeamarancs B 100,00 CWM&MADE OOCCUR MEDEXP(Anymepenm) $ 5,00 A X $ 1,000,00( GENERAL AGGREGATE s 2,000,00( GENL AGGREGATE UAtR APPUES PER: PRODUCTS-COMPIOPAGG $ 1,000.00( pOUCY I PRO- LOC $ AumMOeas uaeaTrr 04344942-20910912011 0910SM012 E �d $ 1,000,00C ANIYAUIO BODILY INJURY(Pwpa;ean) $ B ALT�NED X AUTOSULED BODILY INJURY(Pw acelclw) $ HIRED AUT09 NON-OWNED Pw ao:iUNd !S UMBRELLA LIAR OCCUR EACH OCCURRENCE s EXCESS UAB CIAMSMADE AGGREGATE s DED I I RETENTIONS s WORKERS COMPEIIBATION AND EILPLOYEffi'I IABSJTY YIN TORYLIMRS I ER OOFFICER/iMEMBEERREEXCLUOERD]�CUTR�--) NIA EL EACH ACCIDENT S (M*Addory In NH) U EL DISEASE-EA EMPLOYE s Kyymm mua¢x v;dw DESGIRIFTION OF OPERATIONS bWw EL DISEASE-POLICY LIMIT I s DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLP$(Aeaa;ACORD 101,AdA d Nena,b Sdm We,M won apnea b nquir" E CITY OF ASHLAND, IT'S ELECTED OFFICIALS, OFFICERS, & EMPLOYEES ARE LISTED AS ADDITIONAL INSUREDS AS PER THE ATTACHED FORM RECEIVED E: EN VALVE ACTUATOR REPLACEMT-LSTHIA PARK, ASHLAND, OREGON JUL 13 m12 CERTIFICATE HOLDER CANCELLATION SHOULD Am OF THE ABOV,E DEW { t iHB ERRATKN GATE THEREOF,NOTICE (E ad ACCORDANCE MATH THE POLICY PROVISIONS. THE CITY OF ASHLAND AUTNOREPAREPRESEJTATNE _ 20 E. MAIN STREET AS LAND, OR 97520 3oe Gibson RENEE &11988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 07112/2012 13:06 MC* ffND P.0031003 CERTHOLDER COPY NJ STATE COMPEN5AT:ON P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND 1 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-12-2012 GROUP. POLICY NUMBER: 1968200-2011 CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 09-27-2012 09-27-2011/09-27-2012 THE CITY OF ASHLAND NJ 20 E MAIN ST ASHLAND OR 97520-1814 This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. ' We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or to which It may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT X1600 - BOOTH, BROOKE NOELLE CEO - EXCLUDED. ENDORSEMENT X1500 - BOOTH, COREY ALLEN CFO - EXCLUDED. RECEIVED EMPLOYER JUL 13 2012 City of Ashland AUTOMATED VALVE SERVICES INC NJ 19419 RONA LN UNIT C ANDERSON CA 90007 [Blom tRSV.e-tolol PRINTED 07-12-2012 07/1212012 13:06 BW Ory OWD P.0021003 COMMERCIAL GENERAL LIABILITY CG 2012 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Ashland 20 East Main Street Ashland, OR 97520 Section It — Who Is An Insured is amended to In- 2. This insurance does not apply to: dude as an insured any state or governmental agen- a. "Bodily injury", "property damage"or"personal. cy or subdivision or political subdivision shown in the and advertising injury"arising out of operations Schedule, subject to the following provisions: performed for the federal government, state or 1. This insurance applies only with respect to opera- municipality; or tions performed by you or on your behalf for which b. "Bodily injury" or "property damage" included the state or governmental agency or subdivision or within the political subdivision has issued a permit or author- hazard". "Products completed operations ization. CG 2012 05 09 ®Insurance Services Office, Inc.,2008 Page 1 of 1 ❑ CITY _J�:t�j R Page 1 / 1 CITY O F �./I 1 1 �C�l�%t i1�E° ASHLAND DATE PO NUMBER 20 E MAIN ST. 7/18/2012 10988 ASHLAND, OR 97520 (541)488-5300 VENDOR: 015489 SHIP TO: Ashland Water Department AUTOMATED VALVE SERVICES INC (541)488-5354 4770 CATERPILLAR RD STE A 90 N MOUNTAIN REDDING, CA 96003 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: - contact: Steve Walker Special Inst: Confirming? No Quantity Unit Description Unit Price Ext.Price Contractor to provide, install and 6,580.00 calibrate control valve actuator at Granite Street Reservoir. Contract for Goods & Services Beqinninq date: Julv 10, 2012 Completion date: July 31, 2012 Insurance required/On file SUBTOTAL 6,580.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 6,580.00' ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.18.00.602400 6,580.00 i_. t 12 Auth Zed Signature VENDOR COPY FORM #3 C I T Y OF A request for a Purchase Order ASHLAND REQUISITION Date of request: ' 7 /a-- Required date for delivery: Vendor Name A<cfora✓�o/ i/e/✓e Scrvz�c Address,City,State,Zip /yyiy Conti l a, c Su{c G. An�{e/Sor �al.xcin,c y6007 Contact Name&Telephone Number Corny /3ooth Sari- 638- 33�s- Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ VerbalANritten quote(s)or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) E] Other government agency contract $5,000 to$100.000 (Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Form#9,Request for Approval Intergovernmental Agreement $5,000 to$75,000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council: ❑ (3)Written proposals attached Valid until: Date (Date) Description of SERVICES Total Cost .S'liPP/}i�Inlpkt// and Ca/•'6ra,rc C�n+'i'd/ [/2 ✓e ¢c,�,..�c><</'ctt Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ........................................... 70'€11L Co3T ❑ Per attached quote/proposal Project Number______•___ AccountNumber___•__•__- Account Number . Number /Si oo.6•o3yoo --- -- -- -- ------ --- -- -- -- ------ 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures, IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisition form,l certify that the City's public contracting requirements have been satisfied. / Employee Signature: Department Head Signature: �/{ Z (Equal to or grea er than$5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year., YES/ NO Finance Director-(Equal to orgreater tha 5,000) Date Comments: FORM #5 CITY OF ASHLAND SOLJE.S UURCEDE T1 AND..'' EN FIN.DINGS GOODS AND SER'4VICE5 Less than $I©0,000 To: Mike Faught From: Water Dept-Steve Walker Date: 7-10-2012 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract:$6,5 80.00 Project name: Granite St. resevoir control valve Description of goods and services: Contract with Automated Valve Services to supply and install valve actuator at Granite St. resevoir. I Background: The Granite St. resevoir control valve has malfuntioned beyond repair and it is the intention of the Ashland Water Dept. to contract with Automated Valve Services of Anderson California to supply, install and calibrate this actuator. It is our understanding that Automated valve services is the only authorized factory trained sales and service distributor for the municipal market in Northern California,Oregon and Washington (see attached confirmation letter). Form#5-Sole Source-Goods and Services-Less than$100,000,Page 1 of 2,7/10/2012 Findings: ' fThe findings below must include factual information supporting the determination) Market Research Overall finding: N/A-See Attached letter Ln accordance with ORS 279E 075 these are the examples of findings that should he addressed Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can he addressed The findings are as ollows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. See attached letter . Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. N/A Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. N/A Pursuant to ORS 279B.075 (2)(d): Any other finding's that support the conclusion that the goods or services are available from only one source. N/A Fonn#5-Sole Source-Goods and Services-Less than$100,000,Page 2 of 2,7/10/2012 a EIM CONTROLS EIM COMPANY, INC. 0 13840 PIKE ROAD 0 MISSOURI CITY, TEXAS 77489 0(281)499-1561 0 FAX(281)499-8445 July 10, 2012 EIM Sales & Service—Northern California, Oregon, and Washington Dear Sir, This letter will act as confirmation that AVS (Automated Valve Services) is the Authorized factory trained sales and service distributor for the Municipal Markets in Northern California, Oregon, and Washington. AVS is responsible for sales, service, training, and start-up for EIM Product in the Territories listed above. Should you have any further questions or comments please feel free to contact me at any time. Thanks for your interest in EIM Products, Sincerely, Dan Myers Regional Manager, EIM. MEMBER:THE VALVE MANUFACTURERS ASSOCIATION