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HomeMy WebLinkAbout2013-416 Contract - American Leak Detection Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: American Leak Detection ASHLAND CONTACT: Matthew Botermans, Owner/Technician 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2821 Bullock Road, Medford, OR 97504 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 888-777-5325 CELL: 541-601-3068 DATE AGREEMENT PREPARED: December 13, 2013 FAX: 541-772-3148 BEGINNING DATE: December 18, 2013 COMPLETION DATE: June 30, 2015 COMPENSATION: Per fee schedule attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Municipal leak detection services to be provided on an on-call or as needed basis, including situations requiring immediate attention, as determined by the Water Distribution Supervisor, Steve Walker. ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 279B.225, 279B.230, 279B.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 $19,825 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section. Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change. reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 1 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, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If,, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. 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. Contracto City of Ashland By By :2-5 Signature Department Head / ,y/ Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. C Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 3 of 5 i 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. y1 (2) Commercial advertising or business cards or a trade association membership are purchased for the business. V1 (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. x/ (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. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/1312013, Page 4 of 5 AMERICAN ~w LEAK " DETECT=ON THE ORIGINAL LEAK SPECIALISTS- December 3, 2013 Mr. Steve Walker City of Ashland, Water Department 20 E. Main Street Ashland, OR 97520 Dear Mr. Walker: Thank you for giving us the opportunity to provide leak detection services to the City j of Ashland on an "as-needed" basis. American Leak Detection team members have over three decades of industry experience and a multi-layered support network to ensure the highest level of technical expertise. Ongoing training, equipment improvements, new technology and methodology are continually under development at our corporate research center. American Leak Detection of Oregon and SW Washington has been in operation for over 12 years. In that time we have successfully served many municipalities and large industries throughout the Northwest. As members of professional organizations such as OAWU, AWWA, LOC, and AGC, we are keenly aware of the needs of water districts and municipalities in our area. A list of our municipal clients is attached. Correlator Services Our minimum fee for municipal leak detection utilizing correlator technology is $525 for the first two hours and $195 each additional hour. If additional work is requested to confirm a leak location or detect additional leaks on the same section of line or within the same area within 30 days, a continuation rate of $195 per hour applies. Inert Gas Fees If we use an inert gas (nitrogen or helium) in our detection process a minimum fee of $25 applies, however, we rarely use inert gas in municipal lines. A fee of $8 per 100 lbs. of helium and $5 per 100 lbs. of nitrogen applies after the minimum. Leak Survey If the city requests a leak detection survey be performed consisting of more than 3 days, we offer a daily rate of $1,250 per day. Please see attached sample of a survey proposal. Oregon & SW Washington • 2821 Bullock Road • Medford, OR 97504 541.772.5325 • fax 541.772.3148 www.AmericanLeakDetection.com Each office Is independently owned and operated We provide service to many cities on an "as-needed" basis. Many water operators know the problem areas in their system and do not need a survey of their entire system. They can isolate the loss to a specific section or area and then call us out to pinpoint the leak(s). It saves time, money and offers flexibility in managing water loss within a minimal budget. Most other national leak detection companies are not available on a short term basis, they are not based in Oregon and only perform prolonged system surveys. Since we are based locally in the Rogue Valley, we can also provide emergency response service 7 days a week 24 hours a day. We are readily available to return and confirm specific leaks on short notice and we provide priority scheduling to our municipal clients. And there are no additional costs for travel, mobilization or per diem. We take a great deal of pride in our business and strive to provide not only the best leak detection service, but also the best customer service and follow-up available. If you have any questions or need additional information, please don't hesitate to give us a call. Sincerely, ~A" Matthew K. Botermans President Enclosures i i AMERICAN LEAH DETECTION THE ORIGINAL LEAK SPECIALISTS' PROPOSAL FOR LEAK DETECTION SURVEY SCOPE OF WORK Leak detection and survey will be completed on the public water system. The City will make available any system maps or drawings for the water system and valve locations. This survey is being completed to identify any leaks on the system. The survey will also record any irregularities or defects that the City may need to address to maintain the integrity of the water system. A comprehensive report will be submitted upon completion, which will identify leak locations, aid in prioritizing repairs and provide a record for future maintenance. PROCEDURES Prior to commencement of survey, the City will provide detailed information regarding the location of lines to be surveyed, size and type of lines, valve locations and access points. The survey is performed using the FCS S30 survey tool. We will touch and listen to every accessible main valve, hydrant and services as necessary. It is requested that all valve boxes be located and the tops of the actual valves be cleaned for good contact access prior to commencement of survey. This will save time and allow our technicians to move along efficiently. A record of each contact point will be noted on a Survey Record Test Point sheet (Exhibit A). An average of 3-4 miles can be surveyed each day. American Leak Detection requires that the City provide one knowledgeable person to assist during the leak survey. City employee will be responsible for the following: Help technician in the placement of the sensor on the pipeline. Offer information on the pipe size, type and layout Act on behalf of the utility for public relations. Open or close PRVs, related valves, fire hydrants or customer service valves. Help direct traffic if needed and help insure the safety of all. The leak survey will begin at an agreed upon location and proceed, section by section, until all the requested pipe sections are surveyed and suspected leak areas are noted. During the survey process, high leak signal areas will be prioritized and correlated as we go unless the City requests that we survey everything first and pinpoint last. Pinpointing and verification of leak locations will be completed using a sophisticated leak ~S~spected noise corWiaDr-n J` WI' IYh?gjoit~e.sjg5lqr~ujro cRI oddon e'teh9 sideoc t1le ego . Generic Surve§OWaal.5325 • fax 541.71MIJA8 www•AmericanLea kDetecl1age.to d Each office is Independently owned and operated leak position. The correlator process uses basic operator-supplied pipe data to pinpoint the leak location and display the results on screen. Accurate pipe data is crucial to the correlation process. Individual leak locates average about thirty minutes to one hour each, if there is no interference. The length of time for the pinpointing process' will be determined by the number of correlator set-ups required to confirm each leak. We normally perform at least two different set-ups to confirm each leak location. If adequate contact points are not accessible for correlation, ground miking techniques will be utilized to locate the leak. Ground miking is also used to reaffirm a correlated leak location. When leak locations are identified, information will be given immediately to the city for repair scheduling. All leak locations will be marked on the provided map or drawings if available. RESULTS Results vary greatly depending on the pipe type and age, system pressure, bedding materials and the total percentage of water loss. We will provide a very thorough leak survey by listening to every accessible main valve and hydrant. We will also listen to services as necessary. We will document and detail all information providing the City with a solid record of the survey. Record of all test points are listed on the Survey Test Points Record Sheet. High leak signal areas and confirmed leak locations are marked on the provided map or drawings. Record of all set-ups, measurements, and leak locations are detailed on the Locate Detail Sheet (Exhibit D) and keyed to the City map. Estimated GPM losses are also noted on the detail sheets. The technician also completes a Survey Daily Log (Exhibit B) which records pertinent information gathered each day. Additionally, a written summary report and Survey Summary (Exhibit C) will be compiled to complete the final report. All documentation will be presented to the City within ten working days of completion of the job. INSURANCE We are an Oregon Corporation that is licensed, bonded and insured in both Oregon and Washington. We carry general liability insurance with a general aggregate limit of $2,000,000 and automobile liability limit of $1,000,000 for each occurrence. Our workers' compensation insurance is through SAIF with limits of liability at $500,000. COST OF PROPOSAL American Leak Detection will provide all labor, equipment, materials, and incidental expenses to complete a leak detection survey as outlined above for a daily rate of $1,250 (One Thousand Two Hundred Fifty dollars) per day. Generic Survey Proposal 12/3/2013 Page 2 of 3 This bid is based on the following information: • The duration of the survey will be for at least 3 days. Partial days are billed at $195 per hour. • City will provide accurate, detailed information regarding location of lines to be surveyed, size and type of lines, valve locations and access points. • City will provide one knowledgeable person to assist during the leak survey. • This daily rate covers the cost of one technician for 8 hours. • There are no additional travel fees or mobilization fees charged. • The price includes all reports as outlined and there will be no charge for follow-up phone calls or consulting time. SERVICE EXPERIENCE American Leak Detection team members have over three decades of industry experience and a multi-layered support network to ensure the highest level of technical expertise. Ongoing training, equipment improvements, new technology and methodology are continually under development at the corporate research center. American Leak Detection of Southern Oregon has been in operation for over 12 years. In that time we have successfully served many municipalities and large industries throughout the region. Projects have ranged from a few hours to weeks, and all included thorough reports and follow-up. As members of professional organizations such as OAWU, AWWA, LOC, and AGC, we are keenly aware of the needs of water districts and municipalities in our area. A list of municipal clients and references can be provided upon request. We are based in Oregon and can provide emergency response service 7 days a week 24 hours a day. We are readily available and willing to return and confirm specific leaks or pipe sections after the completion of the initial survey. We take a great deal of pride in our business and strive to provide not only the best leak detection service, but also the best customer service and follow-up available. For more information please check out our website at www.americanleakdetection.com. Respectively submitted, Shari L. Botermans Office Manager , Generic Survey Proposal 12/3/2013 Page 3 of 3 AMERICAN P.O. Box 211 NO NOISE Talent, OR 97540 L = LOW nww LEAK Office 5411535-5325 M = MODERATE - DETECTION Fax 541/535-5350 H = HIGH THE ORIGINAL LEAK SPECIALISTS- SURVEY TEST POINTS RECORD SYSTEM: DATE: CONTACT # CONTACT o LOCATION POINTS (n GV CS OTHER # FH MTR GV CS OTHER # FH MTR - GV CS OTHER # FH MTR GV CS OTHER # FH MTR - # GV CS OTHER Q FH MTR - GV CS OTHER # FH MTR GV CS OTHER # FH MTR GV CS OTHER # FH MTR GV CS OTHER # FH MTR GV CS OTHER # FH MTR - GV CS OTHER # FH MTR Page ' ~~i AMERICAN .g LEAK SURVEY DAILY LOG' DETECTION THE ORIGINAL LEAK SPECIALISTS- Client: Date: Client Rep: ALD Technician: Area Surveyed: Map Reference: Street and Block Numbers: Survey Location or Address Agency Leak Leak to be Leak # Contact # of suspected leak or Customer Pinpointed Rechecked o 0 0 J: Number of contact points: Miles of main surveyed: # leaks suspected: # leaks needing recheck: # leaks pinpointed: REMARKS: AMERICAN Setu Locatep LEAK SNR# DETECTION THE ORIGINAL LEAK SPECIALISTS- Locate Detail Sheet Customer Date Technician Detection of Leak: Correlator Sonic Other Type and Size of Main Service TN O Hydrant ® Gate Valve © Curb stop Customer Input: Date Repaired: By Estimated Leak Size GPM Remarks: AtYLERICAN Locate Detail Sheet P.O. Box 211 LOCATE # vw. t LEAK Talent, OR 97540 SET-UP # DETECTION Office 541/535-5325 THE ORIGINAL LEAK SPECIALISTS- Fax 541/535,5350 Customer Date li Technician V.S . Method of Detection: Correlator~TSonic Other Type and Size of Main Service i3 Contact Information: Sensor A # Survey Sheet Date 11/51 Co tact Information: Sensor B # Survey Sheet Date U 150 Estimated Leak Size: GPM W as~l~'~ov. QI 2 ~2 A 33d~~ ~3b ClwACt5r o~y N_t O Hydrant Gate Valve © Curb stop/meter box 1 I Remarks: ~Cc ( C, t" s 4 C~ 1 h ¢Q ~ti era r ~6 Co+~t't ~'✓Yl v ,ratnn~ ✓Yl rC , . Q&Do AMERICAN LEAK DETECTION SURVEY SUMMARY THE ORIGINAL LEAK SPECIALISTS- Client: Survey Dates: Distance surveyed: Miles / feet General Area Covered: SURVEY INFORMATION # of Contact Number of Total Gallons Total Gallons Total Annual Points Leaks Per Minute Per Day Loss Main Line Hydrants Valves ; F Meter Curb Sto Service line Other TOTAL Completed by: Date: Aly1ERICAN SURVEY SUMMARY .k• DETECT)<QN 7`H~ OR1G1NllG:tEdK SP~CI~IGISTS` Client: Survey Dates: 11/4 - 11/7 11/12 11114 - 11/15 Distance surveyed: 15-18 Miles General Area Covered: West side of First Street SURVEY INFORMATION # of Contact Number of Total Gallons Total Gallons Total Annual Points Leaks Per Minute Per Day Loss 5,387,400- Main Line 1 6 10.25-18.75 14,760- 27,000 9,855,000 7,621,200- Hydrants 134 6 14.50 - 20 20,880= 28,800 10,512,000 525,600- Valves 297 1 1-2 1,440 - 2,880 1,051,200 Meter 1,271 2 2 2,880 1,051,200 Curb Stop 11 5,045,760- Service line 10 9.6-22.25 13,824 -32,040 11,694,600 1,051,200- Other 7 1 2-4 2,880-5,760 2,102,400 20,682,360 - TOTAL 1,721 26 39.6569.35 56,664-99,360 36,266,400 Completed by: Dan Schaffner Date: 11/15/13 OOOOK I OP ID: DKO CERTIFICATE OF LIABILITY INSURANCE DA12119/2013 ) 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 Phone: 440-333-9000 CONTACT NAME: Dawson Franchise Insurance Div 1340 Depot Street Fax: 440-356.2126 aco No Eat: ac No: Cleveland, OH 44116-1799 E-MAIL ADDRESS: PRODUCER gOTER-1 CU TOMER Dr: INSURERS AFFORDING COVERAGE NAIC N INSURED BOterman'S Inc. INSURER A: CNA Insurance Company 20486 dba American Leak Detection 2821 Bullock Road INSURER e:Ohio Casualty Medford, OR 97504 INSURER C: INSURER D : INSURER E : INSURER 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 INDU SUER POLICY NUMBER MMIDDY /YYEFF YY MMIDDY EXP LTR nI'YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY 2084358897 0710112013 0710112014 PREMISES Ea occurrence $ 300,000 CLAIMS-MADE OCCUR MED EXP(Any one person) S 103000 PERSONAL B ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 4,000,00 POLICY PRO- n LOC $ JFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO BAA54100311 0710112013 0710112014 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNEDAUTOS $ S UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE S RETENTION 5 $ WORKERS COMPENSATION WC STATU- TH- AND EMPLOYERS' LIABILITY YIN T RV LIMITS I R ANY PROPRIETOR(PARTNEWEXECUTIVE E.L. EACHACCIDENT $ OFFICERIMEMBER EXCLUDED9 ~ NIA (Mandatory in NH) E. L. DISEASE - EA EMPLOYE S I/ yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Final Schedule, it mom space is required) Additional Insured: The City of Ashland, Oregon, and it's elected officials, officers and employees are additional insured only with respect to the contractor's services to be provided under contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 90 N. Mountain Avenue Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD www.saif.com OREGON WORKERS COMPENSATION + saiF CERTIFICATE OF INSURANCE corporation CERTIFICATE HOLDER: CITY OF ASHLAND 90 N. MOUNTAIN AVENUE ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 938060 04/01/2013 to 04/01/2014 12/19/2013 INSURED: BROKER OF RECORD: BOTERMANSINC AMERICAN LEAK DETECTION 2821 BULLOCK RD MEDFORD, OR 97504-4132 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. AUTHORIZED REPRESENTATIVE xgqc Sr )KQC]41~ President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Poli cy_Certificates_CertificateOFl nsuran ce Page 1 / 1 CITY OF CITY p~yq r ECOFIDER ASHLAND DATE PO NUMBER 20 E MAIN ST. 1/2/2014 12028 ASHLAND, OR 97520 (541) 488-5300 ' VENDOR: 001937 SHIP TO: Ashland Water Department AMERICAN LEAK DETECTION (541) 488-5354 2821 BULLOCK RD 90 N MOUNTAIN MEDFORD, OR 97504 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Steve Walker Special Inst: Confirming? NO Ouanti Unit Description _ Unit Price Ext. Price Municipal Water Distribution Leak 10,000.00 Services Contract for Goods and Services Beqinninq date: December 18, 2013 Completion date: June 30, 2015 SUBTOTAL 10 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,000.00 ASHLAND, OR 97520 Account Number . Project Number Amount Account Number Project Number Amount E 670.08.18.00.60240 10,000.00 t/ VENDOR COPY Authorized Signature - I FORM #3 CITY OF A rega " k r a u. l E,..s , Order ` S H LAN D REQUISITION Date of re~ ;12-2-13 . Required date for delivery: asap Vendor Name American Pak Detection Address, City, State, Zip P.O. Box 211 Talent Oregon 97540 Contact Name & Telephone Number Matthew Bottermans 1-888-601-5325 Fax Number 1-888-999-5325 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emeraencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form 913, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ Stale of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement X Sole Source Contract # GOODS & SERVICES X Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 X Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form#9,RequestforApproval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Municipal Water Distribution Leak Services 'Not to exceed $10,000 Item At Quantity Unit Description of MATERIALS Unit Price Total Cost - 'TOTAL COST ❑ Per attached quote/proposal Project Number Account Number 670.08.18.00.602400 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, l certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal to or greater than $5,001JF Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) ,~r~ ` Funds appropriated for current fiscal year. (YES)/ NO Finance Director- (Equal to orgreater then $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #5 ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN,FINDINGS, GOODS AND SERVICES Less than $100,000 To: Mike Faught From: Steve Walker- Water Distribution Date: December 3; 2013 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 writin that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: Not to exceed $10, 000 Project name: Municipal Water Leak Detection Services Description of goods and services: Assist the department with locating hard to find water leaks Background: The Water Department intends to contract with American Leak Detection in Medford, Oregon to assist the department in locating hard to find water distribution leaks on an as needed basis when its determined that more advanced and/or specialized equipment is required to locate a municipal water distribution leak. The Water Department is currently utilizing its own acoustic leak detection equipment to its maximum capacity and productivity; therefore, the need to procure leak detection services from a company that can provide more advanced leak detection equipment may become imperative. Municipal water distribution leaks need to be located and repaired as soon as possible to avoid further infrastructure problems, water losses and costly repairs. Form #5 - Sole Source -Goods and Services- Less than $100,000, Page 1 of 2,12113/2013 Findings: Market Research Overall finding: Market research and prior experience has revealed that the only local company in the Rogue Valley that possesses the advanced equipment and skills required to locate municipal water distribution leaks is American Leak Detection. The company is also located in Medford, Oregon making its proximity to the City vital in being able to respond quickly. [In accordance with ORS 279E 075, these are the examples of findings that should be addressed. Select at least one of the Endings and prepare the determination as it specifically relates to the goods or services being procured More than one hndinv 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. N/A Pursuant to ORS 27913.075 (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 27913.075 (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. At this time, the only local company in the Rogue Valley found to possess advanced equipment required to locate municipal water distribution leaks is American Leak Detection. The company is also located in Medford, Oregon making its proximity to the City vital in being able to respond quickly. Form #5 -Sole Source -Goods and Services- Less than $100,000, Page 2 of 2,12113/2013