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HomeMy WebLinkAbout2014-138 Contract - Portland Engineering r Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Portland Engineering ASHLAND CONTACT: Joshua Downs 20 East Main Street Ashland, Oregon 97520 ADDRESS: 7675 High Banks Road #1 Central Point OR. Telephone: 541/488-6002 97502 Fax: 5411488-5311 TELEPHONE: 541 664-6200 DATE AGREEMENT PREPARED: 6-3-14 FAX: 541-6649094 BEGINNING DATE: TBD COMPLETION DATE: 6-30-2014 COMPENSATION: $1800 per attached as Exhibit C quotation and scope of work. SERVICES TO BE PROVIDED: Complete InTouch software tag logging and active directory configuration for SCADA viewing at the Water Dept office per attached as Exhibit C quotation and scope of work. 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. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $19,825 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to 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 Consultant (including but not limited to. Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,. actions, costs, judgments, or other damages, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 06/30/2013, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the. breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to quality 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. 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, Contract for Personal Services, Revised 06/30/2013, Page 2 of 5 including-coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The 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 Cohsultant 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. onsultantt: City of Ashland By By r~~~ Signature . Departmen Head _ 4Mk L. %A Y?1 I ie Fig$4-1 p Print Name Print Name Y~d ~p OhC- 9._ A//If Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2013, Page 3 of 5 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. (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 J 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. k Contract (Date) Contract for Personal Services, Revised 06/30/2013, Page 4 of 5 PORTLY NO 7675 High Banks Road #1 /Central Point, OR 97502 L'rr~ir: c•c•r-i rls lrt c. (541) 664-6200/ FAX (541) 664-9094 CCB# 135739 23 May 2014 Exhibit C Steven Burkhalter Pavement Management Systems City of Ashland, Oregon RE: Water Distrobution SmartGlance Implementation Support Proposal Steve, Per your request Portland Engineering, Inc. (PEI) is pleased to provide a proposal to provide implementation support on your newly installed and configured Wonderware SmartGlance software. The installation and testing phase of the On-Premise SmartGlance Server, Mobile Reporting Client and Mobile Client Applications is complete. The City requires continued support to aide in InTouch tag logging and active directory configuration. Specific tasks and responsibility are outlined as follows: 1) CoA IT staff will clone the Virtual Server as configured now before modification or further development. 2) Once the above is accomplished, PEI will modify the SmartGlance Server installation and reconfigure the Mobile Reporting Client to support Active Directory. It is estimated this task will can be accomplished in two hours ($480 with travel time and expenses). 3) PEI will provide onsite support to modify the WTP InTouch application tag data-logging attributes such that all tags are logged. This will be accomplished in two trips to allow log file size monitoring. It is estimated each trip can be accomplished in two hours with travel time and expenses covered in task 2 above and task 4 below ($480). 4) Once all tags are added to the data-log, PEI will copy the modified SCADAI application to SCADA2 at the WTP to prevent loss of the tag and application modifications. It is estimated this task will can be accomplished in three hours ($600 with travel time and expenses). 5) PEI will remotely access the Virtual Server and WTP SCADA 1 to take screenshots and complete a Wonderware InTouch "how-to" guide for future reference. It is estimated this task will can be accomplished in two hours ($240). 6) CoA IT staff will provide required documentation to Greg Hunter regarding network changes and internet security concerns. Page I of 2 PORTLAND ` 7675 High Banks Road #1 / Central Point, OR 97502 Englriceriris Inc. (541) 664-6200 / FAX (541) 664-9094 CCB# 135739 Total for all tasks = $1,800. PEI is prepared to begin this work within 1 week of notification to proceed. Thank you for the opportunity to continue supporting CoA SCADA projects. Should you have questions or concerns, please feel free to contact this office at your convenience. Regards, H Signed H Joshua L. Downs Portland Engineering, Inc. idownsCa,portlandengineers.com Cell: 541.282.4767 This Proposal is Valid for 60 Days. Page ,2 of 2 www.saif.com Oregon Workers Compensation + saiF Certificate Of Insurance ~Jcorporation, Mail to: Certificate holder: PORTLAND ENGINEERING INC CITY OF ASHLAND 7675 HIGH BANKS RD STE 1 20 EAST MAIN STREET CENTRAL POINT, OR 97502-9521 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 this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Producer/ contact Portland Engineering Inc Elliott Powell Baden & Baker 7675 High Banks Rd Ste 1 Elliott Powell Baden & Baker Central Point, OR 97502-9521 503.227.1771 Issued 06/09/2014 Limits of liability Policy 959635 Bodily'Injury by Accident $1,000,000 each accident Period 07/01/2013 to 07/01/2014 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit Description of operations/locations/special items Important 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. Authorized representative John D. Gilkey Interim President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Pollcy_OLCA_CertlFlcateOMsurance f`` °RO® CERTIFICATE OF LIABILITY INSURANCE 6/DATE (MM/DD 6/2014 Y) 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 CAD MT Kim Schnetzky Ward Insurance Agency PHONE (541)687-1117 FAX .(541)342-8280 PO Box 10167 '4i@wardinsurance.net INSURERS AFFORDING COVERAGE NAIC M Eugene OR 97440 INSURER A -Cincinnati Specialty 13037 INSURED INSURER BContinental Casualty Company Portland Engineering, Inc. INSURER C: 7675 High Banks Road Suite 1 INSURERD: INSURER E Central Point OR 97502 INSURE0. F: COVERAGES CERTIFICATE NUMBER:13/14 GL/AL/U1MB/PROF/POLL 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 POLICY EFF POLICY EXP TR TYPE OF INSURANCE POLICY NUMBER (MWDDNYYY) MMIDp LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE FxIOCCUR X Y 500039055 /1/2013 /1/2014 MED EXP(Ar,,me person) $ Exclude X $1,000 BI/PD DED PERSONAL S ADV INJURY $ 1,000,000 PER OCCURRENCE STOP GAP LIABILITY GENERAL AGGREGATE $ 2,000,000 GEJ,L AGGREGATEIIMF APPLIES PER: $1,000,000 PRODUCTS. COMP/OP ADS $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY (Ea COMBINED t SINGLE LIMIT 11000,000 A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 500039055 /1/2013 /1/2014 BODILY INJURY (Pet acddem) $ AUTOS AUTOS X HIRED AUTOS X NON_O." PROPERTY DAMAGE $ AUTOS (Per acdtlent R UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION S00039058 /1/2013 /1/2014 Is WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS' LIABILITY Y/N - " ANY PROPRIETORMARTNEWEXECUTNE OFFICERIMEMBER EXCLUDED? NIA E.L. EACH AGGIpENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ Use, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ B PROFESSIONAL LIABILITY 6 8288379629 /1/2013 /1/2014 LIMIT $2,000,000 POLLUTION LIABILITY DEDUCTIBLE $5,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mare space Is required) City of Ashland, Oregon and its elected officials, officers and employees are named as additional insured as respects to work performed by the named insured under written contract agreement and per attached CSIA405-A. Completed operations apply per attached CSIA405-A. Coverage is primary S non-contributory per attached CSIA405-A. Waiver of subrogation is applicable per attached CSIA405-B. Designated construction project(s) general aggregate limit applies per attached CG2503. 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. 20 E Main St Ashland, OR 97520 AUTHORIZED REPRESENTATIVE M Holcomb/TRACEE ACORD 25 (2010105) ©1988.2010 ACORD CORPORATION. All rights reserved. INS075,,m,ws, m Th. arnan ne.... and Innn am roniafamd nn.ti,a of Arnon THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED' - OWNERS, LESSEES OR CONTRACTORS .AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITYCOVERAGE PART A. :Section II - Who is an Insured is. dated (wrap-up) insurance program has .amended to include as an additional insured been provided by the prime contrac- any person or organization when you and for/project manager or owner of the con- such person or organization have agreed in struction project in. which you are :in- writing in.a contract or agreement that such volved. person or organization be added. as an addi- tional insured on your policy,. but only to .the 3. "Bodily injury', "property damage" or "per extent that the liability, is caused by `your sonal and advertising injury" to any em- work' performed for that additional insured ployee of you or, to, any obligation of the and only to the extent that such Iiability. is additional insured to indemnity another caused by your negligence,. acts or omissions because of damages arising out of such or the negligence, acts or omissions of those injury. acting on your behalf. 4. "Bodily injury", "property damage" or 'per- If not specified otherwise In the written con- sonal and advertising injury" for which the tract or agreement, a person's or organiza- Named Insured Is afforded no coverage tion's status as an additional insured under under this policy of insurance. this endorsement ends one year after your C. With respect to the insurance. afforded. to operations for that additional insured are com- these additional insureds, SECTION Ill - LI- pleted. The written contract or agreement ITS OF INSURANCE is amended to include: Must be currently in effect or become effective during the term of this Coverage Part. The' The limits applicable to the additional insured; contract or agreement must be executed prior are those specified in the written contract :or to the "bodily injury'; property damage° or agreement or in the Declarations of this Cov- "personal and advertising injury' to which this erage Part, whichever is less. If no limits are endorsement pertains, specified in. the written contract.or agreement, B. With respect to the Insurance afforded to the limits applicable to the additional insured are those specified in the Declarations of this these additional insureds; the following addi- Coverage Part. The limits of insurance are. in- tional exclusions apply: elusive of and not in addition to the limits of This insurance does notapply to: insurance shown in the Declarations. 1. "Bodily injury', "property damage" or D. With respect to. the insurance afforded to "personal and advertising injury' arising these additional Insureds, SECTION tV - out of the rendering of, or the failure to COMMERCIAL GENERAL LIABILITY CON- render, any professional architectural, en- DITIONS, 4. Other Insurance' is amended to ,gineering or surveying services, including: include: a. The preparing, approving, or failing to,. Any coverage provided herein will be excess prepare: or approve maps, shop over any other valid and collectible insurance: drawings, opinions, :reports, surveys; available to the additional insured whether field orders, change orders or draw- primary, excess, contingent or on any other ings and specifications., or basis unless you have agreed in a written con- b. Supervisory, inspection, architectural tract or written agreement executed prior to or engineering activities. any loss that this insurance will be primary. 2. "Bodily Injury+ or "property damage° ans- This insurance will be noncontributory only if ing out.of ''your work` for which a consoli- you have so agreed in a written contract or Includes copyrighted material of Insurance CSIA405 (08/09)-A Services Office, Inc:, with its permission. Page 1 of 2 written agreement executed prior to any loss and this coverage is determined to be primary. Includes copyrighted material of Insurance CSIA405 (08!09)-A Services Office, Inc., with its permission. Page2 of 2 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: If you have agreed, in a written contract or agreement, to provide a waiver of any right of recovery against a person or organization, we will waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to that person or organization for which you have agreed to in a written contract to provide said waiver. Includes copyrighted material of ISO Properties, Inc., with its permission. CSIA405 (OS/09~-B Page 1 of 1 POLICY NUMBER: csu0039055 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): When required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- shown in the Declarations nor shall they gally obligated to pay as damages caused by reduce any other Designated Construc- "occurrences" under Section I - Coverage A, tion Project General Aggregate Limit for and for all medical expenses caused by acci- any other designated construction project dents under Section I - Coverage C, which shown in the Schedule above. can be attributed only to ongoing operations at a single designated construction project 4. The limits shown in the Declarations for shown in the Schedule above: Each Occurrence, Damage To Premises Rented To You and Medical Expense 1. A separate Designated Construction continue to apply. However, instead of Project General Aggregate Limit applies being subject to the General Aggregate to each designated construction project, Limit shown in the Declarations, such lim- and that limit is equal to the amount of the its will be subject to the applicable Desig- General Aggregate Limit shown in the nated Construction Project General Ag- Declarations. gregate Limit. 2. The Designated Construction Project B. For all sums which the insured becomes le General Aggregate Limit is the most we gally obligated to pay as damages caused by will pay for the sum of all damages under "occurrences" under Section I - Coverage A, Coverage A, except damages because of and for all medical expenses caused by acci- "bodily injury" or "property damage" in- dents under Section I - Coverage C, which cluded in the "products-completed opera- cannot be attributed only to ongoing opera- tions hazard", and for medical expenses tions at a single designated construction proj- under Coverage C regardless of the ect shown in the Schedule above: number of: 1. Any payments made under Coverage A a. Insureds; for damages or under Coverage C for b. Claims made or "suits" brought; or medical expenses shall reduce the amount available under the General Ag- c. Persons or organizations making gregate Limit or the Products-completed claims or bringing "suits". Operations Aggregate Limit, whichever is applicable; and 3. Any payments made under Coverage A for damages or under Coverage C for 2. Such payments shall not reduce any medical expenses shall reduce the Des- Designated Construction Project General ignated Construction Project General Ag- Aggregate Limit. gregate Limit for that designated con- C. When coverage for liability arising out of the struction project. Such payments shall not "products-completed operations hazard" is reduce the General Aggregate Limit provided, any payments for damages be- CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ cause of "bodily injury" or "property damage" doned and then restarted, or if the authorized included in the "products-completed opera- contracting parties deviate from plans, blue- tions hazard" will reduce the Products- prints, designs, specifications or timetables, completed Operations Aggregate Limit, and the project will still be deemed to be the same not reduce the General Aggregate Limit nor construction project. the Designated Construction Project General Aggregate Limit. E. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorse- D. If the applicable designated construction proj- ment shall continue to apply as stipulated. ect has been abandoned, delayed, or aban- CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 ❑ CITY RECO ;i. Page l / 1 CITY OF ASHLAND DATE'~~ s,4-=,` r,'~PO'NUMBER .,v:: 20 E MAIN ST. 6/10/2014 12295 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 008473 SHIP To: Ashland Water Department PORTLAND ENGINEERING INC (541) 488-5354 7675 HIGH BANKS ROAD STE #1 90 N MOUNTAIN CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net - Dept: Req. Del. Date: Contact: Steve Walker Special Inst: Confirming? No !Unit Price -x.i ExtFrice•x'.~'. Complete In Touch software tap logging 1,800.00 and active directory confiquration for SCADA viewinq at the Water Department office. Contract for Personal Services Beginninq date: TBD Completion date: June 30, 2014 o. SUBTOTAL 1800.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1,800.00 ASHLAND, OR 97520 Account Number ~ ±PPoject'Number , :`~Arriouot ° arAeeount Number 77F;ojectMumber~ 7 -x epmbunt E 670.08.18.00.70420 E 201335.999 1.800.00 big- Autho ' Signatu VENDOR COPY FORM #3 CITY OF faquest'or a F"Llrchase Order ASHLAND REQUISITION Date of request: 6/3/14 Required date for delivery: ASAP Vendor Name Portland FnilMenrig Address, City, State, Zip 7675 High Banks Road #1 Central Point OR 97502 Contact Name & Telephone Number Joshua Downs 541-664-6200 Fax Number 541-6649094 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emeraencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached X Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon X Direct Award Date approved by Council: Contract # X Verbal/Whitten 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 and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Interoovemmental Aareement $5.000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written propmalshvrihen solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I Description of SERVICES Total Cost f.. Complete In Touch software tag logging and active directory configuration for SCADA viewing ?$x;800 at the Water Dept office Item Al quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST X Per attached quotelproposal S?`.' Project Number--- 201335.999 Account Number--- 670.08.18.00.704200 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 City's public contracting requirements have been satisfied. !7 /l~A~ Employee: Department Head: ~ya'C-,~1~-~'"T G,__ S 8 (Egdal toz1greafiRr than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date \ Comments: Form #3 - Requisition CITY,OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background ' The water department intends to contract with Portland Engineering to install software needed to complete the telemetry station project at the 90 N. Mountain Ave. water office. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Historically and currently only contractors have been used in the water division for software installations and upgrades to our telemetry and SCADA systems. A general consensus among technology experts at the city is that using a contractor specializing in these installations is in the best interest of the City. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 6/3/2014