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HomeMy WebLinkAbout2012-158 Contract - Engineered Monitoring Solution Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: Engineered Monitoring Solutions ASHLAND 20 East Main Street CONTACT: Barry Myers P.E. Ashland, Oregon 97520 ADDRESS: 617 N. Main St. Telephone: 541/488-6002 Newbery OR. 97132 Fax: 541/488-5311 TELEPHONE: 503-537-0900 DATE AGREEMENT PREPARED: 7-9-2012 FAX: 503-537-0909 BEGINNING DATE: COMPLETION DATE: COMPENSATION: NTE $7,900.00 SERVICES TO BE PROVIDED: Reference Exhibit C-Scope of Services ADDITIONAL TERMS: None FINDINGS: Pursuant to AMC 2.50.120, after reasonable Inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2)the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such pprsnnai sprvirps: (4)-thp undpmignpd cnnsuitanf has spp6,157nd experience, educatinn. Training and rapahility snffirient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows 1. Findings/Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner end, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service 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. 6. Ownership of Documents:All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is$19.494 or more. Consultant 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 service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where It will be seen by all employees. 9. Indemnification: Consultant agrees to indemnify and save City, its officers, employees and agents harmless from losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury(including injury resulting in death), nr damage(including loss or destruction)to property, of whatsoever nature to the extent the harm caused arises out of or is incident to the negligent acts,or errors or omissions in performance of this contract by Consultant(including but not limited to, Consultants'employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant 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. Contract for Personal Services, Revised 06/30/2012, Page 1 of 5 10. 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 Consultant, 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 Consultant 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 Consultant 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 Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant 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, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant 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 Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers'compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant 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. Consultant 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. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the services or to qualify as a QRF if consultant 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. 14. Insurance. Consultant 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. Professional 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 claim, incident or occurrence. This is to Laver damage%caused by prmr, omission or npgligpnt acts related to thp. prnfp.R%Innal%prvlCp.%In he provided under this contract. c: 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. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000,IlAgO 000, or Not Applicable for each accident for Bodily Injury and Property Damage, - Contract for Personal Services, Revised 06/3012012, Page 2 of 5 including coverage for owned,hired or non-owned vehicles,as applicable. e. 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 Consultant or its insurer(s)to the City. f. Additional Insured/Certificates of Insurance. Consultant 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 Consultant's services to be provided under this Contract The consultanrs'insurance is primary and non-contributory.As evidence of the insurance coverages required by this Contract,the Consultant shag furnish acceptable insurance certificates prior to commencing work under this contract. 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 Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. 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 Consultant 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. Consultant, 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. 16. THIS CONTRACT AND ATTACHED EXHIBIT$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. CONSULTANT, BY SIGNATURE OF ITS AUTHORI2ED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations 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 Consultant understands and agrees that City's payment of amounts under this contract altnbutable 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 Consultant,with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein Incorporated by reference. Consultant: City of Ashland y � Signatur Y Department Head ��95t?QY lotY44a.5 R— Print Name Print Name �°.2ESidE•✓T -7 I ilt ( i L Title Date W-9 One copy of a W9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services,Revised 0664 12012,Page 3 of 5 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 noted 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) 1 carry out the labor or services at a location separate from my residence or is in a / speck 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. ✓ (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. (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. Contra or (Date) contract for Personal Services;Revised 06/30r1012;.Page 4 of 5 �K Ilgfi' � Engineered Monitoring Solutions 617 N.Main Street Newberg,OR 07132 ' 503-537-0900 ph 503-537-0909 lax January 17, 2012 5004.07 City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 Attn: Mr. Pieter Smeenk, P.E. Re: Hosier Dam Failure Warning System Assistance with Equipment Troubleshooting Dear Pieter: We are pleased to submit this proposal to provide assistance to the City in troubleshooting the Dog Park and Bowmer Theater sirens,and the communication problems between the treatment plant and the dam MCUS. SCOPE OF SERVICES Our proposed scope of work includes performing an on-site visit to the project to.perform a visual inspection of the Dog Park and Bowmer Theater sirens, and the MCU equipment at the dam and the treatment plant. We will provide assistance to City staff in troubleshooting the recently observed siren broadcast problems with the two siren locations. We understand that a bucket truck will be provided by the City for accessing the siren equipment. Our review of the MCU equipment.will include observation and testing of the replacement equipment that was installed by City staff at the dam in 2009. The scope of services would include preparing a letter report to document the findings and recommended follow-up for additional servicing or repair efforts. COMPENSATION We Pstimate that the total cost for the scope of work outlined above would be on the order of$7,900. A breakdown of the estimated labor effort and expenses is presented on the attached Table 1. We propose to perform this work on a time and materials basis in accordance with the attached Terms of Agreement for Monitoring System Services (January 2012). This estimate is based on the assumptions listed herein. Should you wish to modify the scope of work prior to accepting this agreement,we would be pleased to review this proposal and our estimated fee with you. _o ... fib A;( T I,i'.i This site visit effort does not include the cost of repairing or replacing system components. If repairs or replacement of system components is needed,this would be performed on a second site visit under a different scope of work. Repairs to the siren equipment would be provided by others. SCHEDULE We are in a position to begin work on this project within three days after receiving your authorization to proceed. We anticipate that the letter report can be completed within one week following the site visit. CONCLUDING COMMENTS Acceptance of this proposal and attached documents is indicated by signing and dating in the space provided below and returning one copy of this letter to us. If more than 90 days pass before authorizing the proposed work,we reserve the opportunity to review and modify this proposal where necessary. We look forward to continuing to be of service to you on this project. Should you have any questions regarding this proposal, or if renegotiations of the Scope of Services, Terms of Agreement, or Limitation of Liability were considered advisable, we would be pleased to confer with you at your convenience. Very truly yours, Engineered Monitoring Solutions by�� a-> � z- Barry Myer , P.E. � President Encl. Table 1 Work Breakdown and Cost Estimate Terms of Agreement for Monitorinq System Services January 2012 (H) Proposal Acceptance and Authorization to Proceed FA Printed Name Authorized Signature Date Page 2 system suppop Ymppsa-iU1 LOx - ^ a ui o - ° _ n •C W _ _ O _ O L Q N N O W G d T 9 -..0 U � � F � u w c p A � n f F-I o w ° F E N p 6 V O s d > a � o w z 5a m Q Q � y n N •C C y F L ttl $ c U 6 L Y c x 5 N e 0 O ; a o TERMS OF AGREEMENT FOR MONITORING SYSTEM SERVICES ENGINEERED MONITORING SOLUTIONS(referred to herein as Consultant) January 2012(H) FEES FOR SERVICES Fees for services are based on the time expended on the project by professional, technical, and clerical personnel at the following schedule of hourly charges: Position Hourly Rate tl Administrative Staff 84.00 Project Engineer,Systems Integrator 120.00 Senior Project Engineer,Systems Irtegrator - 135.00 Senior Engineer,Systems Integrator 145.00 Principal Engineer,Systems Integrator 160.00 Senior Principal 180.00 These rates shall remain in ellect until completion of the agreed scope of services or one yell from date of agreement,whichever occurs first. REIMBURSABLE EXPENSES expenses Incurred In connection with project tasks such as equipment purchases, rental equipment, out-of-town subsistence,vehicle costs, expedited delivery and similar, will be invoiced at direct cost plus 12 percent. Communication costs, including telephone, fax, cellular, and postage will be charged at 2 percent of labor costs. Special technical computer programs, CAD, and GIS usage will be charged at$15 per hour. SERVICES BY OTHERS On Occasion specialized services by design consultants,contractors,or other technical companies may be needed. Such services will be utilized only with your approval,with the cost of such services included in our invoice plus 15 percent. PRODUCTS PURCHASED All hardware and software products are being procured by Consultant as a service for the Client. Client agrees that the relationship for all product warranty,support,servicing,and performance or defect liability issues is between the Client and the product manufactures. INVOICES Consultant will submit invoices to you,the Client on a monthly basis and a final bill upon completion of services. Payment is due upon receipt of the invoice unless otherwise agreed, and is past due thirty(30)days from invoice date. A service charge will be added to any account balance in arrears at a monthly rate of 1%percent of the balance due. Client agrees that the invoice balance is correct unless we are notified in writing within ten days of date of invoice. INSURANCE The Consultant represents and warrants that t and Its agents,staff and other consultants employed by it are protected by workers'compensation insurance and that the Consultant has such coverage under public liabildy and property damage insurance policies which it deerns to be adequate. Certificates for all such policies of insurance will be provided to Clent upon request in writing. Within the lints and conditions of such insurance,we agree to indemnify and save Client harmless from and against any loss,damage,or liability arising from grossly negligent ads by the Consultant,its agents,staff,and other subconsutants employed by t. Consultant shall not be responsible for any loss,damage,or liability beyond the amounts, limits,and conditions of such insurance The Consultant shall not be responsible for any loss,damage,or liability arising from any acts by Client,its agents,staff,and other consultants employed by t. STANDARD OF CARE Sei vices perfunned by the Consultant under this Agreement will be conducted in a manner conswenl with trial level of care and skill ordinarily exercised by the profession currently practicing under similar conditions in this area at this time. Client recognizes that conditions may vary from those encountered at the location where surveys or investigations are made by the Cnneuflanl,and that the data, interpretations and recommendations of the Consultant aro faced solely on the information availablo to it. The Consultant will be responsible for those data, interpretations,and recommendations,but shall not be responsible for the interpretations by others of the information developed. LIMITATION OF LIABILITY Client agrees to limit the Consultant's liability to Client, and to any other person or entity, for any claim arising from, or alleged to arise from any acts,errors, or omissions in the performance of this Agreement,whether such claim sounds in negligence,breach of contract, strict liability or other legal theory, and including any legal fees or costs awarded under this Agreement, to an aggregate limit of the amount of fees paid to Consultant under this Agreement, or$5n,0n0,whichever is oreater. Waiver of this clause or a higher limitation may be negotiated for an additional fee. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials, including biological pollutants (molds, fungi, spores, bacteria, and viruses, and the byproducts of any such organisms or fife forms) may exist, or occur later, at a site where there is no reason to believe they could or should be present. Consultant and Client agree that the discovery of unanticipated hazardous materials, including biological pollutants, constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Client agrees to compensate Consultant for the additional cost of working to protect employees' and public's health and safety. In addition, Client waives any resulting claim Client,s initials Date Page 1 of 2 January 2010(H) against Consultant, and agrees to defend, indemnify and save Consultant harmless from any claim a liability for injury or loss arising from Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to fairly compensate Consultant as outlined herein for any time spent and expenses incurred by Consultant in defense of any such claim. AQUIFER CONTAMINATION Client recognizes that it is impossible for Consultant to know the exact composition of a stle's subsurface even after employing the most comprehensive exploratory program reasonably possible. As result,there is a risk that instrument installations or sampling may result in contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer or other hydrous body not previously contaminated and capable of spreading hazardous materials offs @e. Because nothing can be dune to prevent such an occurrence, and because such installation and sampling is n nerr_ssary aspect or the work which Consultant will perform for Client's benefit, Client waives any resulting claim against Consultant, and agrees to defend, indemnify and save Consultant harmless from any claim or liability for injury or loss which may arise as a result of cross-contamination caused by instrument installation or sampling. Client further agrees to fairy compensate Consultant as outlined herein for any time spent or expenses incurred by Consultant in defensc of any such claim. RIGHT OF ENTRY The Client will provide for right of entry of the Consultant,their contractors,and all necessary equipment,in order to complete the work. While the Consultant will take all reasonable precautions to minimize damage to the property,the Client understands that in the normal course of work same damage may occur,the correction of which is not part of this Agreement. UTILITIES In the prosecution of the work,the Consultant will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold the (xnsultanf harmless for any darnages W suuln,anuan structures or utilities which arc not called to the Consultant's attention and correctly shown on the plans furnished. OWNERSHIP OF DOCUMENTS All reports, field data, field notes,calculations, estimates, and alher dnmiments prepared by the Consultant. as Instruments of service, shall remain confidential and the property of the Consultant. Client agrees that all reports and other work furnished to the Client,which is not paid for,will be returned upon demand and will not be used by the Client far any purpose whatever. The Consultant will retain all pertinent records relating to the services performed for an appropriate period following submission of the report or completion of work,during which period the records will be made available to the Client at all reasonable times. DISPUTES In the event that a dispute arises in any way connected with this Agreement, and if the dispute cannot be settled through direct discussions,the parties agree to first attempt to settle the dispute by mediation,before recourse to arbitration or a judicial forum. if the dispute eventually results in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including staff time,court costs,attorney's fees,and other claim-related expenses,including at trial and on appeal. TERMINATION This Agreement may be terminated by either party upon seven (7)days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective N that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, the Consultant shall be paid for services performed to the lerminalion nntiry date plus reasonable termination expenses. In the event of termination or suspension for more than three (3) months prior to completion of all reports contemplated by this Agreement,the Consultant may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of the Consultant in completing such analyses,records and reports. ASSIGNS Neither the Client nor the Consultant may delegate,assign,sublet or transfer its duties or interest in this Agreement without the written consent of the 011ie, petty. SEVERABILITY. Client and Consultant have entered into this Agreement of their own free will to communicate to one another mutual understandings and responsihilitix Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and Consultant will in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable,and which comes as close as possible to expressing the intent of the original provision. Client's initials Date Page 2 of 2 OP ID: LB CERTIFICATE OF LIABILITY INSURANCE DAT 11/03O/YYYY) 11/03N 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL'-Ek YHL 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER 360-293-2135 NAME: RIS Insurance Services 360-293-2385 PNONE •' FAX PO Box 1059 ac No Eton. Nc No Anacortes,WA 98221 1 E-MAIL Lois Bonner ADDRESS: PRODUCER ENGIN-1 _ CUST MER ID p: INSURERS AFFORDING COVERAGE NAIL a INSURED ENGINEERED MONITORING INSURERA:Westem National Assurance 24465 SOLUTIONS INSURER B: 617 N. MAIN STREET NEW BERG,OR 97132 INSURER C: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUNIBER: 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. INSR rypE OF INSURANCE POLICY EFF POLICYFXP LTR POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIA GENERAL LIABILITY PREMISES Ea wwna.co $ CLAIMS-MADE F� OCCUR MED EXP(Any one Person) $ PERSONAL$ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ POLICY PRO- LOC $ — AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) A ANY AUTO CPP100443703 12103111 12103112 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Par accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NONOWNEDAUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LUAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ NE,CM1IUN Y $ WORKERS COMPENSATION WC ST WC DER TH- AND EMPLOYERS'LIABILITY YIN M ANY PROPRIETORIPARTNER/EXECUTIVE F1 E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDEDi NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ U yes,RIPTIOa OF O DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Physical Damage CPPI004437 03 12/03/11 12103/12 $500 DIED comp&Coll Hired Auto 50,000 Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) tt an:KARI OLSON 541-488-5320 CERTIFICATE HOLDER CANCELLATION CITYAS1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 90 N MOUNTAIN AVE. ASHLAND,OR 97520 AUTHORIZED REPRETENIWWE Lois Bonner ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD CITY Y t'7CCO!"MER Page 1 / 1 OW. CITY OF ASHLAND DATE PO NUMBER '_ ASHLAND,E MAIN ST. 6/29/2012 11024 OR 97520 (541)488-5300 VENDOR: 009478 SHIP To: Ashland Public Works ENGINEERED MONITORING SOLUTION, LLC (541) 488-5587 617 N MAIN ST 51 WINBURN WAY NEWBERG, OR 97132 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req. Del.Date: contact: Pieter Smeenk Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext.Price Hosler Dam Warninq System 7,900.00 Assistance with troubleshootinq repairs Contract for Personal Services Date of agreement: 07/09/2012 Beq date: (no date on contract) Completion date: (no date on contract) SUBTOTAL 7,900.00 BILL To:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 7,900.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.604100 790000 Vol Authorized Signature - VENDOR COPY is FORM #3 CITY OF A i,eques't .fov a Cuter{easy Weir ASHLAND REQUISITION Date of request: 5 �2 25ftL4 MV" Required date for delivery: 3 Z Vendor Name r 0 C l Address,City,State,Zip 61 J.l, Contact Name&Telephone Number Z Fax Number �© 161& SOLICITATION PROCESS ' LJ Exempt from Competitive Bidding LJ Emerhencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Pro osal attached Date approved by Council: ❑ Quote or Proposal attached LJ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) State oL� f Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ Slate of Washington Intermediate Procurement LJ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other govemment agency contract $5.000 to$100.000 ❑ Quote or Proposal attached Agency -- ❑ (3)Written quotes attached Contract# PERSONAL SERVICES LJ Special Procurement ❑ Intergovernmental Agreement 5 000 to 75 000 ❑ Written Findings(Form attached) Agency Less than$35;000,by direct appointment ❑ Quote or Proposal attached Contract# ❑ (3)Written proposals attached Date appro ved by Council: Date approved by Council: Description of SERVICES Total Cost s ArAc4W ff�6TOOU $ T /Y.L N7 ' �i00 Item # Quantity Unit Description of MATERIALS Unit Price Totai Cost , OT/ILI:OST ® Per attached quotelproposal 3 __ Project Number---------- Account Number L)0- uk-Z's-lam bvtirov Account Number - - - Account Number ___-__•__- '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: IT Director Date By signing this requisition form,l certify that the information provided above satisfies the City's public contracting requirements,and the documentation can be provided upon request. Employee Signature: /. ShIP101 Department Head Signature: Additional signatures(if applicable): Funds appropriated for current fiscal year YES / NO G:FlnanceVrocedure%APTonnsTonn%233-Requisithn.doc - Updated on:1/16/2012