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HomeMy WebLinkAbout2014-280 Contract - Portland Engineering Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Portland Engineering, Inc. -AS H LAND CONTACT: Josh Downs 20 East Main Street Ashland, Oregon 97520 ADDRESS: 7675 High Banks Road #1, Telephone: 541/488-6002 Central Point, Oregon 87502 Fax: 541/488-5311 TELEPHONE: 541-664-6200 DATE AGREEMENT PREPARED: 10/08/2014 FAX: 541-664-9094 BEGINNING DATE: September 1, 2014 COMPLETION DATE: December 31, 2014 COMPENSATION: Fee schedule is attached as Exhibit C. SERVICES TO BE PROVIDED: Emergency Procurement - Troubleshooting installation of VFD (Variable Frequency Drive at VVVVfP. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of Ashland Contract. 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 $20,142.20 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 by the negligence of City. 10. Termination: Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 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. 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. Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 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 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- and herein incorporated b reference. onsul ant: City of Ashland By By I signature Department Head ~ UIIA 1.. ~vJs n , Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with 2 4 c~ the signed contract. Purchase Order No. Contract for Personal Services, Revised 07108/2014, 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 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. Co ractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ash land LIVING WAGE . • per hour effective June 30, ILI (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 X-11 Engsneerin~r Irzc. Service Fee Schedule • System Design • Scope of Work Development • Cost Evaluation and Estimation • Project Management $140.00/hour • Construction Management • Software Specification, Procurement, Installation • Historian, MES, Data Systems Configuration • Training • HMI Application Development • PLC Programming • Field Service $120.00/hour • Telephone and Remote Access Support • Wiring Diagrams • Panel Design • Administrative Services $55.00/hour Normal business hours are Monday through Friday, 8:00 am to 5:00 pm. Service and travel time outside of normal business hours will be billed at 1.5 times the above fees. Service and travel time on Sunday and Holidays will be billed at 2 times the above fees. Four hour minimum charge. Travel time will be billed from the location of the dispatched engineer with an additional mileage charge of $0.75/mile. Travel expenses will be billed at cost with a minimum charge of $165.00 per night. Terms - Net 15 days. A 1.5% per month interest fee will apply on all outstanding invoices. All applicable state and local tax fees apply. All standard fees are subject to change without notice. PEI Holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day. In Pordand, OR at2020 SE T"Ave. Suite200 Portland OR 97214 Tel: (503)256.7716 Fax: (503) 256.7679 Web: wmi norilandenaineers.com In Central Point, OR at7675 High Banks Road Snhe 1 Central Point OR 97502 Tel: (541) 66"200 Fax: (541) 6649094 Email: infr.-(BcnelanMnaineers.cnm General Contractors License 9135739 Washington Contractors license PORTLE1920OZ Revision 2013.03.15 . This document is Ihe.exclusive properly of Portland Engineering, Inc. and contains information that is confidential and privileged Any dissemination, distribution or copying of this document Is prohibited wilhoutw itlen permission. A` °R°® CERTIFICATE OF LIABILITY INSURANCE 6~25~2014 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 CONTACT Rim Schnetzk NAME: Y Ward Insurance Agency PHONE (541) 687-1117 FAX e. (541)342-8280 (A/C, No. Fxth RIC. PO Box 10167 EMAIL kim@wardinsurance.net ADDR S: INSURERS AFFORDING COVERAGE NAIC # Eugene OR 97440 INSURER A:Cincinnati Specialty 13037 INSURED INSURER B :Cincinnati Insurance Companies Portland Engineering, Inc. INSURER C: Continental Casualty Company 7675 High Banks Road Suite 1 INSURER D: INSURER E : Central Point OR 97502 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 GL/AL /UMB /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 TYPE OF INSURANCE A L UB POLICY EFF POLICY EXP LIMITS L7R In& POLICY NUMBER MM/DD/YYYY (MM/DD[YYYYJ GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY P REMISES Ea occurrence $ 100 , 000 A CLAIMS-MADE ❑X OCCUR X Y SU0039055 /1/2014 7/1/2015 MED EXP (Any one person) $ Excluded X $1,000 BI/PD DED PERSONAL & ADV INJURY $ 1,000,000 PER OCCURR GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC WA STOP GAP LIABILITY $ 1,000,000 -1 F- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 B ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED NP0148589 7/1/2014 /1/2015 BODILY INJURY (Per acudent) $ AUTOS AUTOS PROPERTY DAMAGE $ 0 WNED X HIRED AUTOS X NON-AUTOS Per accident X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTIONS SU0039058 /1/2014 /1/2015 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C PROFESSIONAL LIABILITY & CH298379629 /1/2014 /1/2015 LIMIT $2,000,000 POLLUTION LIABILITY DEDUCTIBLE $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) The 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 & 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 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 rgmnnss m The ArOr2n name and Innn aro rnnieterarl marlre of Acnpn www.saif.com P sa; f Oregon Workers Compensation 4. MF',Pcorpofation Certificate Of Insurance Certificate holder: CITY OF ASHLAND 20 EAST MAIN STREET 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 i Elliott Powell Baden & Baker Central Point, OR 97502-9521 503,227.1771 Issued 06/27/2014 Limits of liability Policy 959635 Bodily Injury by Accident $1,000,000 each accident Period 07/01/2014 to 07/01/2015 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 Y,'j .4,4-~ John D. Gilkey Interim President and CEO 400 High Street SE Salem, OR 47312 P: 800.285.8525 F: 503.584.4812 ,-...ya,..~enrtncuranre Page 1 / 1 ITY OF C J~ Su i 1~ ]~j T'1 DATPO NUMBER 201 E MAIN ST. 10/17/2014 12566 ASHLAND, OR 97520 WI" (541) 488-5300 VENDOR: 008473 SHIP To: Ashland WWTP PORTLAND ENGINEERING INC (541) 488-5348 7675 HIGH BANKS ROAD STE #1 1295 OAK STREET CENTRAL POINT," OR 97502 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terns: Net Dept.: Req. Del. Date: Contact: David Gies Special Inst: Confirming? NO Quantity Unit Description Unit Price' Ext. Price PLC proqramminq and troubleshootinq to 35,000.00 resolve centrifuqe VFD problems. Contract for Personal Services Beginninq date: September 1, 2014 Completion date: December 31, 2014 SUBTOTAL 35 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 35,000.00 ASHLAND, OR 97520 Account Number ` Project Number Amount >Account Number Project Number Amount E 675.08.19.00.60410 3510 0.00 Au orized Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding Emergencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: Q 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 # ❑ Verbal/Written 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 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 Date 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 r Total Cost ~j~ C l~ p q rG n~ n►s✓.~ cs~ n a/ ~i'~ r~ !e v' c ~ ~~oy GS~/ If'1G~ f C° 1/ F Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL Per attached quotelproposal COST ❑ $ Project Number _ _ _ _ _ _ • 3S OD o Account Number4z-08- /g oa GaY/oo 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: ITDirector Date Support-Yes/No By signing this requisitio!~/Ifo1,Jcertify that e City's public contracting requirements have been satisfied. Employee: Department Head: C-0- 1~~-L- to I [ 3b« (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO ,(¢'L 61A9 /7~/<~ Finance Director- "t"or"e" rthan $5,000) Date Comments: r ' FORM #13 CITY OF ASHLAND EMERGENCY PROCUREMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: David Gies Wastewater Supervisor Date: 10-8-14 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: The City of Ashland recently sent out one of its centrifuges for emergency repairs. Part of the reason it is deemed an emergency is the lack of redundancy with only one centrifuge operating -on site. Should that centrifuge fail, backup contingencies would kick in that would cost the city of Ashland approximately $30,000 a week to ship our sludge to the Medford WWTP. The centrifuge has been repaired and returned. During startup it has been discovered that one of the VFD's needed to operate the centrifuge was knocked out of service during a recent electrical storm. This puts the City of Ashland in the same predicament of only having one centrifuge to operate. Portland Engineering is currently handling the SCADA upgrade at the WWTP. They are also the company the City of Ashland utilizes to troubleshoot its SCADA Network and other computer issues within the WWTP network. Additional funds are requested to troubleshoot and complete the VFD installation. The purchase of the new 30 Hp VFD ($5,715.00) will not work with the old 100 Hp VFD. Two different VFD's are required to operate one centrifuge. These two VFD's are connected and work together per Andritz specifications. This has complicated the situation and has added extra programming and troubleshooting to resolve the issue. Additional equipment may have to be purchased to make both VFD's compatible. Document solicitation process: Ensure competition reasonable and appropriate for emergency circumstances, determine appropriate solicitation time period, issue written or oral requests, or make direct appointments in cases of extreme necessity. Describe the selection method used for this particular public contract. Amount of Emergency Contract: $ ~S~t ran o 7~L° 3 S'aaO d~~ Written Order Emergency Procurement is being authorized by the City Administrator as specified by this written order. Authorized by: Date: City Administrator /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.