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HomeMy WebLinkAbout2012-288 Contract - Central Control Systems Contract for GOODS AND SERVICES C I T Y OF CONTRACTOR: Central Control Systems, LTd ASHLAND CONTACT: Phil Giebel 20 East Main Street Ashfand, Oregon 97520 ADDRESS: P.O. Box 8683, Woodland CA 95776-8683 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 1-530-662-6841 DATE AGREEMENT PREPARED: 11/15/12 FAX: 1-530-662-3776 BEGINNING DATE: 11/1-5/42 COMPLETION DATE: 2/1/2013 COMPENSATION: $ 16,005 Per proposal attached as Exhibit C GOODS AND SERVICES TO BE PROVIDED: Equipment identified in quote as attached. 3 days labor and installation. Includes: software load and configuration of central computer, installation and optimize field interface unit, SMS modem option installation, installation and optimize IRRlnet-ACE, weather station installation. 2 days labor and-installation-of the North-Mountain-HUB, Parks staff will -be working-in-conjunction with Central Control Systems that all systems are operational. ADDITIONAL TERMS: This contract may be subject to prevailing wage requirements. Worker's pensation is being waived because the contractor is performing all of the work himself. ' (Contractors Initials) 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-day& of the-date-of the invoice: Shouldthe 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 2798.220, 27913.225, 27913.230, 2796.235, 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 an time b mutual consent of both parties. Contract for Goods and Services, Revised 06/30/2012, Page 1 of 6 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 orContractormayterminate this cont. actintheevent ofabread ofthecontractby 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 for Goods and Services, Revised 06/30/2012, Page 2 of 6 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 insurer(s) 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 contractor's 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, trustagreements, etc. shalt 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. 1.8.. THIS CONTRACT.AND.ATT9CHED EXHIBITS CONSTITUTJ_THEFN. TIRE AGREEMENT BETWEENTHE 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 Hf /SHE HAS READ TiiIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE$OUND BY ITS TERMS AND CONDITIONS. 19. 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. 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. Contract for Goods and Services, Revised 06/30/2012, Page 3 of 6 Con * ctor: City of Ashla By Mp L &D - By Signature Department Head Print Name Print Name LueF U t20 (i L- TAW W-9 One copy of a W-9 is to be submitted with ~~<1 -7 the signed contract. Purchase Order No. S~ Contract for Goods and Services, Revised 06/30/2012, Page 4 of 6 EMBIT A CERTIFICATIONS/REPRESENTATIONS: 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) 1 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. (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) tabor or services are performed for two or more different persons within a period of one c/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. V kz ot~-p 1 1H\ -1a' Contractor (Date) Contract for Goods and Services, Revised 06/30/2012, Page 5 of 6 1l Mottech p MOTOROLA Water Management IRRInet /as nravwam May 29, 2012 Ms. Brenda Hammers City of Ashland 340 South Pioneer St. Ashland, OR 96520 Re: Sole Source / Central Control Systems, Inc. Dear Ms. Hammers: Mottech USA, Inc. as the Master Distributor and licensed sole source for Motorola Irrigation products in North America, has designated Central Control Systems, Inc. as the only qualified dealer to supply technical services and support for select Motorola Irrigation products in the Oregon City of Ashland. This select line includes IRRlnet M, IRRlnet ACE, PIU, and Piccolo XR that require configuration and software modifications after installation. Motorola's radio based irrigation control systems are technology based high performance SCADA systems capable of covering large geographic areas and controlling complex water management systems. To maintain optimal performance, it is imperative that only qualified factory trained personnel service and maintain these systems. Central Control Systems is the only dealer authorized by Mottech USA to service and support Motorola Irrigation systems in this Oregon City. Sincerely Avi Komorov Business Manager North America 561.558.8863 cc: Phil Giebel, Central Control Systems 01 /prtullunl TWA Pmm Wwr Mottech USA, Inc. 8875 Hidden River Parkway, Suite 300, Tampa, Florida 33637 T: 813.975.7160 F: 813.971.0180 • www.mottech.com •USA@mottech.com Date: 9/312012 Central Control Systems, Ltd. Marjie Giebel PO Box 8683, Woodland, CA 95776-8683 Ph 530-662-6841 Fax 530-662-3776 email: ccs@ccontrolsystems.com Quote for: Ashland Parks & Recreation Brenda Hammers Ph 541-488-6093 email: hammersb@ashiand.or.us Project: Irrigation System Upgrade Central Computer Location North Mountain Nature Center North Mountain Nature Center Add-On Central Computer Location IRRlnet-ACE FIU Model IA-00-XX-FIUE-X Includes: Motorola IRRlnet-ACE Field Interface Unit with LAN Connectivity. Unit will be mounted in a 15x15 Painted Metal Housing Enclosure. Includes assembly, hot test (in shop) and optimization. Also includes new ICC Software with updated System Key. IRRlnet-ACE FIU $ 3,655.00 SMS Option (Text Messaging) 1 CCS-SMS-01 Modem Option for Remote Irrigation plus $ 900.00 Serial Port Multiplexor North Mountain Nature Center IRRlnet-ACE Model IA-00-XX-AHX-X Includes: Motorola IRRlnet-ACE Field Unit with LAN & Weather Station Connectivity. Unit will be mounted in a 15x15 Painted Metal Housing Enclosure. Includes assembly, hot test (in shop) and optimization. IRRlnet-ACE $ 3,825.00 Weather Station Model CCS-WS-001 Includes: Davis Vantage Pro2 Weather Station and Software for ICC. Includes Wireless 24 Hr. Fan Aspirated Weather Station, Modified Wireless Control Console, IRRlnet-ACE CPU Interface and #2 Standard Wireless Interface Antennas. Weather Station and Software Total $ 2,500.00 Central Control Systems, Ltd PO Box 8683, Woodland, CA 95776 Ph (530) 662-6841 Fax (530) 662-3776 Labor 1 #3 Days Labor and Installation. Includes: $ 1,650.00 - Software load and configuration of Central Computer - Installation and Optimize Field Interface Unit SMS Modem Option Installation Installation and Optimize IRRlnet-ACE - Weather Station Installation Total Purchase $ 12,530.00 ADD as OPTION - North Mountain Nature Center Add-On (4'-"j- Includes: 1 Motorola Radio Interface Board to Port 1 of IRRlnet-ACE 1 Motorola UHF CM200 Radio Kit 1 White Stick Omni Antenna Kit with 100' LMR400 Coax 1 Antenna Grounding Kit 1 2-Watt UHF Frequency License 2 Days Labor and Installation North Mountain Nature Center Add-On $ 3,475.00 Includes equipment delivery to the site Contact Central Control Systems, Ltd. for Details & Equipment. (530) 662-6841 Return trips, equipment installation, controller programming and training beyond initial installation & optimization are add-on items that can be purchased as needed. All equipment is factory manufactured new upon order. Delivery times from manufacturer vary. This Quote is valid for 30 days from above date. Central Control Systems, Ltd PO Box 8683, Woodland, CA 95776 Ph (530) 662-6841 Fax (530) 662-3776 CENTR11 OP ID: KS CERTIFICATE OF LIABILITY INSURANCE DA 09127/2012 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(les) 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 Phone: 530-662-9181 NAMEACT Wraith, Scarlett & Randolph PHONE (FAX Ins. Sew., Inc OB48084 Fax: 530-662-6452 A/c a A/c No: 622 Main Street E-MAIL Woodland, CA 95695 ADDRESS: Jim Vann INSURERS AFFORDING COVERAGE NAIC9 INSURER A : Peerless Insurance Co 24198 INSURED Central Control System Ltd. INSURER B: Hartford Insurance Group 00914 Phil Marjorie Giebel PO BOX 8683 - INSURER C: Woodland, CA 95776 INSURER 0: INSURER E : 'SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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, EXOLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~Tq TYPE OF INSURANCE TMUDE[S UB POLICYNUMBER MMIO~Y EFF MMIODYYYYPY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CBP9733957 06127/2012 06127/2013 PREMISE Ea OLVI?enee $ 100,000 CLAIMS-MADE OCCUR MED UP (My one person) S 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC 8 IFQT F] AUTO MOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident B X ANYAUTO 57UECTM9347 0910912012 0910912013 BODILY INJURY (Per person) $ ALL OWNED AUTOESULE0 AUTOS BODILY INJURY(Peracddent) $ Pars RTYtDAMAGE $ HIRED AUTOS NONOWNED PROPE AUTOS m an $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LWB CLAIMS-MADE AGGREGATE $ DEO RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- pNOEMPLOYERS' LIABILITY YIN R ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ I/yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ A Property Section CBP9733957 06127/2012 0612712013 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES, (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Ashland is named as additional insured but only insofar as the operations under the written contract are concerned. CERTIFICATE HOLDER CANCELLATION ASHLA-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland ATHE CCORDANCEIWTHTTHEPOLICYPROVISIONSE WILL BE DELIVERED IN Attn: Brenda Hammers Eastern Division Manager AUTHORIZED REPRESENTATIVE 340 South Pioneer Ashland, OR 95720 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are. registered marks of ACORD AC R ® LMV CERTIFICATE OF LIABILITY INSURANCE R'01 09T 27-2012 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 CERTIFICATEOF 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 SUBROGATIONIS 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 CONTACT NAME: WRAITH SCARLETT & RANDOLPH INS/PHS PH ONE FAX 128443 P:(866)467-8730 F:(877)905-0457 AMAILOEM): (866)467-8730 IA/c.NOI: (877)905-045 PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURERIS) AFFORDING COVERAGE NAICK INSURERA: Hartford Casualty Ins Co 9424 INSURED INSURER B : INSURER C: CENTRAL CONTROL SYSTEM LTD PO BOX 8683 INSURER D: WOODLAND CA 95776 NSURER E: NSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 Typ£ OF INSURANCE POLICY EFF POLICY P LTR WSR WVD POLICY NUMBER LMWDDIYYYYI LMMIDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Be occurrence) 5 CLAIMS-MADE O OCCUR MED EXP IAnY one person) 5 ❑ ❑ PERSONAE & ADV INJURY S GENERAL AGGREGATE 5 EN-1- AGGREGATE LIMIT AP LI 5 PER: PRODUCTS - COMP/OP ADS 5 POLICY ❑ PRO- LOC $ jECT ANOMOBRE LIABILITY COMBINED SINGLE LIMIT E. accident) $ 1,000,000 X ANVAUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED ❑ 57 DEC TM9347 09/09/2012 09/09/2013 BODILY INJURY (Per accidentl 5 AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) 5 UMBRELLA LAB OCCUR EACH OCCURRENCE 5 EXCESS UAB I -I CLAIMS-MADE ❑ ❑ AGGREGATE 5 DE RETENTION $ 5 WORKERS COMPENSA TION STATU- OTH- AND EMPLO YERS' UARILITY YIN TWC ORY LI MITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ NIA ❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED] (Mandatory In AID H yes, describe under E.L. DISEASE - EA EMPLOYE 5 DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT 8 DESCRIPTION O£OPERATIONSI LOCATIONS/ VEHICLES (Attach AGORD 707, Addibbosd Remarks Schedule, Boron, specs a mquhere Those usual to the Insured's Operations. Certificate holder is an Additional Insured per the Commercial Auto Broad Form Endorsement HA9916 attached to this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Ashland BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Attn: Brenda Hammers, Eastern Div. Mgr DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 340 S PIONEER ST AUTHORIZ£DREPRESENTATNE ASHLAND, OR 97520 7a-z- 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD i WRAITH SCARLETT & RANDOLPH INS/PHS i PO BOX 33015 SAN ANTONIO TX, 78265 City of Ashland Attn: Brenda Hammers, Eastern Div. Mgr 340 S PIONEER ST ASHLAND, OR 97520 i i ACORD 25 (2010105) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I-COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.9. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Lands of Insurance. SECTIONI -COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage.C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in 'bodily injury" or "property damage"; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND IS Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic taw violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 1102 (01/11) Page 1 of4 06272012 9733957 NPC650P 1505 INSURED COPY PGDNIO60D J02016 GCAFPPN 00017521 Page 23 SECTION II - WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured 'ff., a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of .property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000; or b. The amount shown in the Declarations. SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence, offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion, or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. _ Includes copyrighted material of Insurance services Offices Inc., with its permission. GECG 602 (01111) Page 2 of 4 INSURED COPY Ofir2712012 9733957 NPC650P 1505 pGDMO60D J02016 GCAFPPN 00011522 Page 24 Item 8. is replaced with: 8. Transfer of Rights Of Recovery /Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transferthose rights to us and help us enforcethem. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract for that person or organization and included in the "products-completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V - DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23 and 24 are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION 11 - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with Its permission. GECG 602 (01/11) Page 3 of 4 06272012 9733957 NPC650P 1505 INSURED COPY PGDM060D J02016 GCAFPPN 00011523 Page 25 2. This endorsement provision 0. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site 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; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED-VENDORS Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: i 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; ! F Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or i sale of the products; i f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a ' container, part or ingredient of any other thing or substance by or for the vendor; or i h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 1 Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 602 (01/11) Page 4 of4 INSURED 06W=12 9733957 NPCMP 1505 COPY PGDM060D J02016 GCAFPPN 00011524 Page 26 CITY RECD, DER Page 1 / 1 Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 11!29/2012 00176 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000179 SHIP TO: CENTRAL CONTROL SYSTEMS, LTD. PO BOX 8683 WOODLAND, CA 97776-8683 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Brenda Hammers Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Central Computer Llpgrade $4,555.00 16,005.00 North Mountain Weather Station Component $6,325.00 North Mountain Hub, Plus labor and installation $3,475.00 3-Davs Labor & Installation $1,650.00 Contract for Goods & Services Beginning date: 11/15/2012 Completion date: 02/01/2013 SUBTOTAL 16,005.00 BILL TO: TAX - 0.00 FREIGHT 0.00 TOTAL 16,005.00 Account Number Project Number Amount Account Number. Project Number Amount E 211.12.02.06.60211 16 005.00 Author' dSignat~ VENDORCOPY FORM 43 CITY of ASHLAND REQUISITION Date of request: [Hat Required date for delivery: 3 Vendor Name LbA! T/L*(- Cz)n1772 cam. S V.C 7', : /-.r c t-7'1) Address, City, State, Zip AD 6 eu 9(ot33 /,.)ooO&A,&' 1 CA 91-776 -k,,I&3 Contact Name & Telephone Number NO- /nlc_Re[ / S3v-&6Z- GPI// Fax Number /-5-30-1,62- -377(0 ern~r%.' CCS~JL`LOn{znI cv<fcros'Coin SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emeroencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date a roved b Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note: Total contract amount, including any Dale approved by Council: Contract # amendments may not exceed $6,000 ❑ State of Washington Intermediate Procurement ® Sole Source Contract # GOODS & SERVICES m Written Findings (Form attached) ❑ Other government agency contract $5.000 to $100.000 ® Quote or Proposal attached Agency ❑ (3) Written quotes attached Contract # PERSONAL SERVICES ❑ 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 approved b Council: Date approved by Council: Description of SERVICES Total Cost 3 6ck~S L-6r 4- -r,SLL("10, $ 1, to SD Item # Quantity unit Description of MATERIALS Unit Price Total Cost Ler u c «d~ 9yJ/~?~ SS 14-ut3 'Phis NO r rt/t gtn'r¢-~J Si~M~n Ni iw /'!o J 1.~ /loo /toll , 1&he d ins'llri ~3~/75 TOTAL COST ® Per attached quotelproposal $ Project Number Account Number$!!-1_z-02-o og~//~ ~G,oos 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 Support (Yes/ No) By signing this requisition form, I certify that the information provided above satisfies the City's public contracting requirements d the documentation can be provided upon request. Employee Signature: --t_ - Department Head Signature: Additional signatures (if applicable): Funds appropriated for current fiscal year / NO nn Finance Director Date Comments: -A- LL,:, 6 D z.7/ r_ , Fvyt- PO 661 77 G: FinanoeTrocedureW\Fornifform #3 - Reouisifion.docc Updated on: 9/20012 CITY OF FORM #5 ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: Don Robertson. Parks Director From: Brenda Hammers. Parks Department Date: 912012012 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: S 16,005 Project name: Irrigation System Upgrade/ Central Computer Location and North Mountain Nature Center Description of goods and services: Procure equipment needed that will work in conjunction with FCC Mandate and be able to stay on top of new technology for our central irrigation control system. Install a weather station. Our old weather station and software is no longer an option due to software./ailure and lackofsoftware support for it. Background: This sole source.justi ication applies to the purchase of needed equipment and labor to keep up with ever changing technology. This purchase will include a weather station. We have been without a weather system since April when the software became corrupted in the last hard drive crash and it cannot be fixed because there is no software support anymore for the old product Central Computer Location Upgrade $3,655 SMS Option (test messaging) S900 North Mountain IRRInet-ACE $3,825 Weather Station S2,500 North Mountain Add on HUB for future S3,475 3 days Labor and Installation S1,650 Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 9/20/2012 Total $ 16,005 Findings: [The findings below must include factual information supporting the determinationT Market Research Overall finding: We have looked on the internet and talked to vendors in the irrigation field and distributors of irrigation products to determine that no one else is able to supply the components that are needed,for the central irrigation system that we have other than the sole source letter we obtained from Mottech Water Management. fln accordance with ORS 279B.075, these are the examples of findings that should be 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 be addressed. The findings are as follows. 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. We have been utilizing the Motorola Central Control System for the last 20 years and we have a lot invested in it. We have a sole source letter from Mottech Water Management stating that Central Control Systems is the only authorized dealer to service and support Motorola Irrigation Systems for Ashland, Oregon 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 findings that support the conclusion that the goods or services are available from only one source. N/A Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2,9120/2012