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HomeMy WebLinkAbout2013-072 Contract - Engineered Monitoring Solutions Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Engineered Monitoring Solutions -ASH LAND CONTACT: Barry Myers 20 East Main Street --Ashland, Oregon 97520 ADDRESS: 617 N. Main Street, Newberg; OR 97132 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (503) 537-0900 DATE AGREEMENT PREPARED: 2/12/13 FAX: (503) 537-0909 BEGINNING DATE: 03/08/2013 COMPLETION DATE: 12/31/2013 COMPENSATION: time and materials, Not To Exceed (NTE) $18,743 SERVICES TO BE PROVIDED: see attached Exhibit C - Scope of Services ADDITIONAL TERMS: 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 personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient 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 and, 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. Pavments 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: GGnsultaRt a@Fees to defend, indemnify aRd save City, its GffiGeF6, eFnplgyees and agents haFFniess GaRsultant's emplayees, agents, and otheFs designated by Consultant to peFfGFFA WGFk OF 69N Gas attendaRt te this GontFaGt). GensultaRt shall Rat be held respGns ble fGF any lasses, expenSeS, Gla FR6, sulaFegations, Consultant agrees to indemnify and save City, its officers, employees and agents harmless from losses, claims, U actions, costs, expenses, judgements, subrogations, or other damages resulting from injury (including injury resulting in death), or damage (including loss or destruction to property, of whatsoever nature to the extent the harm caused Contract for Personal Services, Revised 06/30/2012, Page 1 of 6 arises but 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, judgements, or other damages, directly, solely, and proximately caused by the negligence of the City. 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 cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. Contract for Personal Services, Revised 06/30/2012, Page 2 of 6 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, $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. e. Notice of cancellation or chanqe. 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 consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall 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 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. CONSULTANT, 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. 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 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Contract for Personal Services, Revised 06130/2012, Page 3 of 6 Consultant: City of Ashland By By QA CIS < Signatur Department Hebd- Print Name Print Name A2ESf A0-u;7- Title Date W-9 One copy of a W-9 is to be submitted with lj the signed contract. Purchase Order No. a @d 8S t0 fofifll ,.A., Contract for Personal Services, Revised 06/3012012, Page 4 of 6 EXHIBIT 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. V (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. 3 /~4Y/~3 Contra for (Date) Contract for Personal Services, Revised 06130/2012, Page 5 of 6 ' EXN~C~~T - '-1 CAGES Engineered Monitoring Solutions 617 N. Main Street Newberg, OR 97132 503-537-0900 ph 503-537-0909 fax February 8, 2013 5004.07 City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 Attn: Mr. Pieter Smeenk, P.E. Re: Hosler Dam Failure Warning System Upgrade Strong Motion Recorder Equipment Dear Pieter: We are pleased to submit this proposal to provide assistance to the City in upgrading the strong motion recorder equipment at Hosler Dam. One of the existing strong motion recorder units at the dam has been malfunctioning. The results of our site visit inspection on January 28, 2013 indicated that the unit has experienced water damage. The unit was removed from service because it was causing erroneous alarms. The purpose of this proposed work is to upgrade the aging equipment. SCOPE OF SERVICES Our proposed scope of work included contacting the equipment manufacture, GeoSig Ltd, to determine the alternatives that are available to the City for repairing or upgrading the equipment. GeoSig has informed us that they are not able to repair the existing GSR-12 units. These units are 10 years old and they no longer have parts for them. We sent them pictures showing the water damage to the circuit boards. They reviewed these pictures and do not believe that cleaning up and recalibrating will make the units reliable in the long term. Their recommendation is to replace the old GSR-12s with new units. Because the communications has also changed, upgrading one of the units will mean upgrading both so that they will have an interconnection for common timing and event triggering. The interconnection is important for comparing the motions on the abutment with the motions on the crest following an earthquake. Therefore, we propose to procure two new GSR units with interconnection, alarming, and power supply options similar to the existing units. The units would be configured and tested in our laboratory before installing them in the field. We anticipate that the existing signal cable and enclosure infrastructure at the dam will support the new units and no additional hardware will be needed for installation. Following installation, the units will be tested including activating the alarms through the ADAS and SCADA systems. COMPENSATION We estimate that the total cost for the scope of work outlined above would be on the order of $18,800. 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 our Contract for Personal Services Agreement with the City, dated July 9, 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. SCHEDULE We are in a position to begin work on this project within three days after receiving your authoriza- tion to proceed. We anticipate that the new units will be received at our office within 5 weeks. We would be prepared to install the equipment within 1 week following receipt of the equipment. 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 renegotiation of the Scope of Services is considered advisable, we would be pleased to confer with you at your convenience. Very truly yours, Engineered Monitoring Solutions. Barry Myers, P.E. President Encl. Table 1 Work Breakdown and Cost Estimate Page 2 Pmposal_Upgmde Sfmng Motion Re o¢ ers-2013,dmx r Proposal Acceptance and Authorization to Proceed Printed Name Authorized Signature Date Page 3 Propo al_Upgmd Shorq Motion Recorders-2013dw of aof o of o! l t l o 0 01 o o ; ! 0 1 1 - I w~ a ~ I m m nm F m o~ o lol 'ol 1 0~ o Y oleJo lolo lol~ S ` o of o o I.1 0 `w o mlo (o90 0•~ F to Sol to o~ o to l~io o;lo ~o,IH n i w oV ~w w w o wlw w w Inl { 1 I m`~l ' ~ l rJ v f t i 6 I I. 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C c I i , L > m 1 0 I . ~ dal W ~ I i l 11 I i N ¢ I m l w ~ I I ~ I ~ I ITi o ml ,F' 1~ I f I~r r I" N :•7 ! lm~ c p I l i ! ly ~'I ~ I ¢ m m ±ml , w l I I 1 I l 4 ' I a n I "ai cl _ a{ I U w~ U~_ :a ml ~ 1 I Im~w'c; rn++ m o, mlw w W m w i. Fm. Ir ul~l' mlmlo1 ~ %q Ut m tCl ~ I. 10 t IU1 X10' OjL O'. IWI lal cl V~ ~fi {m I 1"~J0Ed' a V.. . 6 d' ..IY ~s _Yk dl fIf Fou o~o~m°Im°lm°~ ,l ~I..H rl..r`rf 1 0.':~ I:ri { 1. 'OAF IU'U lnalix rc ol ACO CERTIFICATE OF LIABILITY INSURANCE 3/DATE (MMIDDfYYYY) 29/20113 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 endorsements . PRODUCER CONTACT Dee Hughes NAME: Slater & Associates Insurance, Inc. PHONE (503)624-0466 FAX .(50])6]4-0846 IA N ED Box 1469 - EMAIL . deeC4slaterinsurance. com Tualatin, OR 97062-1469 INSURERS AFFORDING COVERAGE HAIGN INSURERA:SAIF CO 36196 INSURED INSURER B: Engineered Monitoring Solutions LLC INSURERC: 617 N Main St INSURER D: Newberg, OR 97132 INSURERE: 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 TYPE OF INSURANCE POUCY NUMBER PODGY EFF POLICY EXP LTR UNITS GENERALLIABIUTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occur e $ CLAIMS-MADE F-IOCCUR MED UP AIry one arson $ PERSONAL SADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY. COMBINED SINGLE LIMIT a ac ident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED P SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per sccideM S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE - AGGREGATE $ DED RETENTION $ U OTH- A WORKERS COMPENSATION X WC STAT- AND EMPLOYERS' LIABILITY Y I N ANY OFFICER/MEIMBERIEXCLUOED?ECUTIVE❑ N/A E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 958900 12/1/2012 12/1/2013 E.L. DISEASE-EA EMPLOYE $ 1,000,00 0 R yes, describe under DESCRIPTION OF OPERATIONS Delm E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N mom apace Is required) Thia Certificate replaces Certificate dated 12/04/2012. RECEIVED APR 01 2013 C'dy of Ashland CERTIFICATE HOLDER CANCELLATION (541)488-5320 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rob Morris 20 E Main St AUTHORIZED REPRESENTATIVE Ashland, OR 97520D,r Dee Hughes/DMH ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD acoR° CERTIFICATE OF LIABILITY INSURANCE oAO3129201n3 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 R 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 Phme: 5033657001 Fax: 5033657354 NcoM' /,nincT SLATER & ASSOCIATES INSURANCE MID VALLEY GENERAL AGENCY LLC PHO x En; 1503.624-0466 PA X N,. 1503.624-0846 4305 RIVER ROAD N EINWI (first name) @slaterinsuranee.oom A ONES, KEIZER OR 97303 PRDDuC R 18476 OUCH 1°. Agency Los: 100159512 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURERA ' SCOTTSDALE INSURANCE COMPANY 41297 ENGINEERED MONITORING SOLUTIONS LLC 617 N MAIN ST INSURERS NEWBERG OR 97132 INSURERC INSURERD: Na !ERE INSURERF COVERAGES CERTIFICATE NUMBER: 55055 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, INSR TYPE OF INSURANCE ADDI SUM POUCY EFF POUCY EXP LIMITS TR INSR WVD POLICY NUMBER MMA MWa A GENERAL WAeRItY Y CPS1658974 12/03112 12103113 EACH OCCURRENCE § 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 6 100,000 PREMISES CLAIMS-MADE X OCCUR MED. EKE (Any one person) § 5,()00 PERSONAL S 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 § AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) § ALL OWNED AUTOS BODILY INJURY (Par aoddent) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS Pereoddent) § NON-0WNED AUTOS § S UMBRELLA MAD OCCUR EACH OCCURRENCE EXCESS LMe CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION $ § WORKERS COMPENSATON WCSTATU- AND EMPLOYERS' L46emY YIN TORY LIMITS 0TH§ ANY PROPRIETO"ARTNER(EXECUTWE E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? NIA IN•M•M, in NH) E.L. DISEASE-EA EMPLOYEE Na.wm. ume, DESCRIPTION OF OPERATIONS Oebw E.L. DISEASE-POLICY LIMIT § RFrFiVEn DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anson ACORD 101, Additional Remarks Schedule, If mom space Is required) CITY OF ASHLAND IS INCLUDED AS AN ADDITIONAL INSURED PER GLS-150s (07-06). Ap1~ p O 1-j 2013 CERTIFICATE HOLDER CANCELLATION Cfty of Ashland CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND OR 97520 AUTHORIZED REPRESENTATIVE Attention: MID VALLEY GENERAL AGENCY LLC ~i erman R Delss ACORD 25 (2009109) ©1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT SCOTTSDALE INSURANCE COMPANYO NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (11. , A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER ENGINEERED MONITORING SOLUTIONS LLC CPS1658974 12-03-12 36005 POLICY PERIOD: 12/3/12 TO 12/3/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION Il-WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required to on the project (other than service, mainte- add as an additional insured on this policy under a written nance or repairs) to be performed by or on contract, written agreement or written permit which must be: behalf of the additional insured(s) at the loca- a. Currently in effect or becoming effective during tion of the covered operations has been com- the term of the policy; and pleted; or b. Executed prior to the "bodily injury," "property b. That portion of "your work" out of which the in- damage," or "personal and advertising injury." jury or damage arises has been put to its in- tended use by any person or organization The insurance provided to these additional insureds is lim- other than another contractor or subcontrac- ited as follows: for engaged in performing operations for a 7. That person or organization is an additional insured principal as a part of the same project. only with respect to liability for "bodily injury," 3. The limits of insurance applicable to the additional "property damage" or "personal and advertising insured are those specified in the written contract, injury" caused, in whole or in part, by: written agreement or written permit or in the Decla- rations for this policy, whichever is less. These li m- a. Your acts or omissions; or its of insurance are inclusive of, and not in addition b. The acts or omissions of those acting on your to, the Limits of Insurance shown in the Declara- behalf. tions for this policy. A person's or organization's status as an addi- 4. Coverage is not provided for "bodily injury," tional insured under this endorsement ends when property damage," or "personal and advertising your operations for that additional insured are injury" arising out of the sole negligence of the completed. additional insured. 2. With respect to the insurance afforded to these 5. The insurance provided to the additional insured additional insureds, the following exclusions are does not apply to "bodily injury," "property damage," added to item 2. Exclusions of SECTION I- or "personal and advertising injury" arising out of COVERAGES: an architect's, engineer's or surveyors rendering of or failure to render any professional services This insurance does not apply to "bodily injury," including: "property damage" or "personal and advertising injury" occurring after: Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 a. The preparing, approving or failing to prepare written contract specifically requires that this insur- or approve maps, shop drawings, opinions, re- ance be primary. ports, surveys, field orders, change orders or When this insurance is excess, we will have no d u- drawings and specifications; and ty under SECTION I-COVERAGES to defend the b. Supervisory, inspection, architectural or engi- additional insured against any "suit" if any other i n- neering activities. surer has a duty to defend the additional insured 6. Any coverage provided hereunder will be excess against that "suit." If no other insurer defends, we over any other valid and collectible insurance avai I- will undertake to do so, but we will be entitled to the able to the additional insured whether primary, ex- additional insured's rights against all those other insu cess, contingent or on any other basis unless a insurers. ~_1.4 AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 2 of 2 RECEIVED 11 TERRA Terra Insurance Company APR 04 2013 (A Risk Retention Group) Two Fifer Avenue, Suite 100 City of Ashland Corte Madera CA 94925 CERTIFICATE OF INSURANCE DATE A RISK RETENTION GROUP 03/29/13 NAME AND ADDRESS OF INSURED Engineered Monitoring Solutions 617 N. Main Street Newberg, OR 97132 This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. _ The policy of insurance listed below has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 213187 01/01/13 12/31/13 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUALAGGREGATE PROJECT DESCRIPTION - No Project Specified CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. 1 CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) City of Ashland Attn: Rob Morris 20 East Main Street Ashland, OR 97250 President '~14_/~ ACORO ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD YYYY) 4/9/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 N T NAME: AX R.I.S. Insurance Services PHONE Fac No P. O. BOX 1059 ADDRESSCERTS(a -)RISNET,C Anacortes WA 98221 010 INSURERS AFFORDING COVERAGE NAICM INSURER A: n Assurance INSURED ENGI N-1 INSURER B : ENGINEERED MONITORING INSURERC: SOLUTIONS, LLC INSURER D: 617 N Main St. Newberg OR 97132 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 1535519359 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY UP LIMITS LTR IN SR WD POLICY NUMBER MM/DD/YYYY MM/DDM'YY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrexe) $ CLAIMS-MADE OCCUR MED Up (Any am person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ JECT A AUTO MOBILE LIABILITY CPP100443703 12/3/2012 2/312013 ECOMBINED a acciCent SINGLE LIMIT 1000000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ X AUTOS X NAUTOS ON-OWNED PerOPERTYDAMAGE $ H IRED AUTOS AUTOS UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERSLIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F-1 NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ II yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACach ACORD 101, Additional Remarks Schedule, it more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS 20 EAST MAIN STREET AUTHORRED REPRESENTATIVE ASHLAND OR 97520 X7 e ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD a Page CITY RECORDER 1 CITY OF A S H LAN D DATE PO NUMBER 20 E MAIN ST. 4/2/2013 11518 ASHLAND, 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 Procurement, installation and testinq 18,743.00 of strong motion recorder equipment. Emerqency Procurement Approved by Dave Kanner 03/15/2013 Contract for Personal Services Beginninq date: 03/08/2013 Completion date: 12/31/2013 SUBTOTAL 1874300 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 18,743.00 ASHLAND, OR 97520 Account Number _ Project Number Amount Account Number Project Number Amount E 670.08.18.00.70300 E 200124.999 18 743.00 AuthoriziM Signatur COPY I FORM #3 CITY OF . A request for a Purchase Order ASHLAND REQUISITION Date of request: Z f2 13 Required date for delivery: Vendor Name &L-, O P r' J60tanc Address, City, State, Zip ln t 1 O T7132. Contact Name & Telephone Number j 503 5 ' Fax Number MQQ 503 53Y 00 1017 SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ® Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: B 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 # ❑ Verba[Mritlen quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached • ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Dale Description of SERVICES Total Cost ~C;:LuxGM2Y\t' i r~S~C:~~A~t(i~\ ~YW~ ~5lt w\C~ C-S S3 ft':\~ 1MC'f RCN $ )8 7y3 , (Do Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number Account Number Account Number&_ -046-X-303COO 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 gninggt requisiti n torn, I certify that the City's public contracting requirements have been satisfied. ll Employee Signature:- e' t"4 Department Head Signature: V~ k~uC tiwr1tQ tR I J (Equal to or greater than 5,000) City Administrator: (Equal to or greaterth x$25,000) Funds appropriated for current fiscal year. YE~/ NO Lo Finance Director-(Equal to or gr&r then $5,000) Da ' Comments: Form #3 - Requisi0on CITY OF FORM #13 ASHLAND EMERGENCY PROCUREMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught Date: February 11, 2013 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: See attached FERC Part] 2.10 reporting for detailed explanation of emergency. To summarize, replacement of an existing malfunctioning seismograph is necessary to maintain redundant earthquake magnitude measurement for the emergency warning system. Due to the age of the equipment, a simple replacement is not possible. Two seismographs must be replaced at the same time in order to restore the level offunctionality required for the system. Document solicitation process: Several manufacturers can supply seismographs that fit our application, but the suppliers with the most reliable equipment (GeoSig & Kinemetrics-see attached specs) cost roughly the same ($6000 per accelerometer). -Our original installation contractor, EMS, recommends sticking with the GeoSig GSR- 12 for reasons of compatibility with existing equipment and reduced risk of installation delay. Amount of Emergency Contract: $ 18, 743.00 Written Order Emergency Procurement is being autho ized by the City Administrator as specified by this written order. Authorized by: Date: 3 I i5 +3 City Administrator I Public Contracting Officer Report Emergency Procurement to the City Council: Yes / No Note: Emergency Procurements equal to or greater than $100, 000 for Goods and Services and equal to or greater than $75, 000 for Personal Services will require Council approval. G:Ipub-wrkslengl12-23 EWSImprovements-Hosler DamIPSIAdninIEMSi2013-02-11-EmergencyFindingsForm13. doe Form #13 - Emergency Procurement- Written Findings and Request for Approval, Page 1 of 1, 2/12/2013