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HomeMy WebLinkAbout2016-047 Contract - Engineered Monitoring Solutions Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Engineered Monitoring Solutions -ASHLAND CONTACT: Barry Myers, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 617 N. Main Street, Newberg, OR 97132 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (503) 537-0900 DATE AGREEMENT PREPARED: 12/04/2015 FAX: (503) 537-0909 BEGINNING DATE: 12/18/2015 COMPLETION DATE: 06/30/2017 COMPENSATION: Time and materials, not to exceed $24,400 SERVICES TO BE PROVIDED: see attached Exhibit C - Scope of Services for Ongoing Dam Safety Services ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. 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 negligent acts or errors or omissions in 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 06/30/2013, 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. L 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 parry 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. Oblioation/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, 11,000,000, $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 06/30/2013, 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 A and herein incorporated b reference. onsuitant: City of Ashland By By Signature Department Hea Print Name Print Name aJlV !I 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 CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael Faught, Public Works Director Date: February 2, 2016 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 department's intent is to troubleshoot the Hosler Dam emergency warning system and associated electronic appurtenances on an annual and "as-needed" basis. EMS will remotely troubleshoot the various electronic systems via telephone and resolve issues as they arise remotely together with staff on site before scheduling site visits if needed, in order to minimize costs. The estimated cost for EMS to troubleshoot and maintain the equipment over a two year contract is $24,400. The work is intended to be completed in the 2016-17 budget years. EMS has the necessary equipment at their location, and is prepared to begin work upon execution of the proposed contract. Installation of a new seismograph to replace an existing unit that is sporadically not fully functional is expected to occur within three months of contract execution. 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? Engineered Monitoring Solutions has intimate knowledge of our dam security and telemetry system, and would provide the most efficient and expedient service in completing this project. EMS has recommended that we upgrade the existing Federal Signal S200D units with SS Remote equipment to allow for future system expansion if other monitoring around the dam is desired. This contract is for the set-up, calibration, testing and installation of the warning system equipment only. The equipment will be purchased by the City directly. The City does not have personnel on staff that can provide the services required. G:Ipub-wrksleng115-29 2016 Dam Safety Programladmn\EMS12016-02-18 Form 4 doc Engineered Monitoring Solutions 617 N. Main Street Newberg, OR 97132 503-537-0900 ph 503-537-0909 fax December 18, 2015 5004.12 City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 Attn: Mr. Pieter Smeenk, P.E. Re: Hosler Dam Failure Warning System 2016/17 System Technical Support Dear Pieter: We are pleased to submit this proposal to provide technical support assistance to the City in operating and maintaining the existing Hosler Dam Failure Warning System. This assistance will include an on-site maintenance inspection of the system in the spring of 2016 and 2017, providing remote technical support using a VPN connection to the City's computer network, providing telephone support for system operations, and providing system maintenance/repairs as- needed. SCOPE OF SERVICES Our proposed scope of work includes performing maintenance inspections which would include an on-site visit to the project to perform a visual inspection of the detection system components and to review the results of the City's notification system performance tests. To accomplish this, a visit to the dam will be performed to inspect the system components including the reservoir level sensor, seismic recorders, ADAS equipment, solar power supplies, radio equipment, and surveillance camera equipment. A visit to the water treatment plant (WTP) will also be performed to inspect the ADAS equipment, 1/0 interface with the SCADA system, radio equipment, and surveillance cameras. We will manually trigger alarm conditions to the ADAS to test the integration of the ADAS and SCADA programming. We will also review the results of the most recent silent test of the siren network and meet with City personnel to review the observed performance of the siren network over the past year. The results of the maintenance inspection will be presented in a letter report documenting the observed condition of each of the items inspected and will include recommendations for servicing or repair efforts, if needed. Servicing or repair efforts that will be required to maintain normal operations of the system are not known at this time. The scope of services for this proposal includes accomplishing these efforts as they are needed. Therefore, a budget item has been included for as-needed servicing or repair efforts. No servicing or repair work will be performed without prior authorization from the City. COMPENSATION We estimate that the total cost for the scope of work outlined above would be $24,365. A breakdown of the estimated labor effort and expenses is presented on the attached Table 1. We propose to perform this work on a time and materials basis in accordance with the modified terms and conditions as stated in the Contract for Personal Services Agreement with the City, dated December 18, 2015. This estimate is based on the assumptions listed herein. Should you wish to modify the scope of work prior to accepting this agreement, we would be pleased to review this proposal and our estimated fee with you. SCHEDULE We are in a position to begin work on this project within 1 week after receiving your authorization to proceed. We anticipate performing the first annual system inspection in March 2016. CONCLUDING COMMENTS If more than 90 days pass before authorizing the proposed work, we reserve the opportunity to review and modify this proposal where necessary. We look forward to continuing to be of service to you on this project. Should you have any questions regarding this proposal, or if renegotiation of the Scope of Services is considered advisable, we would be pleased to confer with you at your convenience. Very truly yours, Engineered Monitoring Solutions by Barry Myers, P.E. President Encl. Table 1 Work Breakdown and Cost Estimate Page 2 Proposal _2016_17 System Support docx °o 00 C0 00 00 0 V) LO CD ER 00 O r O O o L M C14 r- cd N n T ti M OOo N ER N P: vi 6 661)- KT 61% N 64)- EH C 61)- F Q fR co d W -Fu 0 0 0 0 0 0 0 00 0 0 0 0 c0 0 0 0 0 0 o cn o 0 0 0 C. LO 0 0 0 0 0 o w o 0 0 o L a. to ~ 61). Ur En o LO 0% va ~ ~ 09, a n w 06 c L ` d y E L 0 O a m 0 J m EA C U C7 O N 0 r r 0 0 is c d F- W tC1 of 69 O 0 z O~ ER A EA V 0 W d L } w L 2 fA fn O W J O y0 N 0 0 0 0 U ~ w O E O U U ~D ui to O O `o L o 0 0 o rn N m o O o 0 0 w J p 00 o r C; N C14 r- rl Q r m h M N CJ 4-o L6 's O = M to U% i. U L 0 C14 a) i _ M N N g cn a Cl) r- w cC 00 1- `s O U V o 0 o y a z O G~ W o 0 o Qr C Q Y D U U W T D~ z V CD Q Y 2 O Ix m R ¢ 0 0 r ~ LU J ~r Q ~,y Uf) O N w N O Cl 2 tt M tt N ~ ~ EA ~ w A C7 ~r O O ►►~~OII ~ Q. MCI ~ L U y Y a `o 0 0 ~ z CL CL Q ~ m H o U- a O CL ca m z c a CL O a c (D c _ L U) O y V r C N d U R m ~ R a) ii c ~ Cn C F- d y _O m o 0 W C d a N N .C V O Q O 0) O `p U r V` Q. O O E 'F E U U N O L O H Q a ca Z U a U C) Q - E o. o 0 0 _ o> E E a a c". E E E U U w w r Q~ co O 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. Contra or (Date) Contract for Personal Servsces, Revised 0613012013, Page 4 of 5 Engineered Monitoring Solutions 617 N. Main Street Newberg, OR 97132 503-537-0900 ph 503-537-0909 fax December 18, 2015 5004.12 City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 Attn: Mr. Pieter Smeenk, P.E. Re: Hosler Dam Failure Warning System 2016/17 System Technical Support Dear Pieter: We are pleased to submit this proposal to provide technical support assistance to the City in operating and maintaining the existing Hosler Dam Failure Warning System. This assistance will include an on-site maintenance inspection of the system in the spring of 2016 and 2017, providing remote technical support using a VPN connection to the City's computer network, providing telephone support for system operations, and providing system maintenance/repairs as- needed. SCOPE OF SERVICES Our proposed scope of work includes performing maintenance inspections which would include an on-site visit to the project to perform a visual inspection of the detection system components and to review the results of the City's notification system performance tests. To accomplish this, a visit to the dam will be performed to inspect the system components including the reservoir level sensor, seismic recorders, ADAS equipment, solar power supplies, radio equipment, and surveillance camera equipment. A visit to the water treatment plant (WTP) will also be performed to inspect the ADAS equipment, 1/0 interface with the SCADA system, radio equipment, and surveillance cameras. We will manually trigger alarm conditions to the ADAS to test the integration of the ADAS and SCADA programming. We will also review the results of the most recent silent test of the siren network and meet with City personnel to review the observed performance of the siren network over the past year. The results of the maintenance inspection will be presented in a letter report documenting the observed condition of each of the items inspected and will include recommendations for servicing or repair efforts, if needed. Servicing or repair efforts that will be required to maintain normal operations of the system are not known at this time. The scope of services for this proposal includes accomplishing these efforts as they are needed. Therefore, a budget item has been included for as-needed servicing or repair efforts. No servicing or repair work will be performed without prior authorization from the City. COMPENSATION We estimate that the total cost for the scope of work outlined above would be $24,365. A breakdown of the estimated labor effort and expenses is presented on the attached Table 1. We propose to perform this work on a time and materials basis in accordance with the modified terms and conditions as stated in the Contract for Personal Services Agreement with the City, dated December 18, 2015. This estimate is based on the assumptions listed herein. Should you wish to modify the scope of work prior to accepting this agreement, we would be pleased to review this proposal and our estimated fee with you. SCHEDULE We are in a position to begin work on this project within 1 week after receiving your authorization to proceed. We anticipate performing the first annual system inspection in March 2016. CONCLUDING COMMENTS If more than 90 days pass before authorizing the proposed work, we reserve the opportunity to review and modify this proposal where necessary. We look forward to continuing to be of service to you on this project. Should you have any questions regarding this proposal, or if renegotiation of the Scope of Services is considered advisable, we would be pleased to confer with you at your convenience. Very truly yours, Engineered Monitoring Solutions by ~~--Barry Myers, P.E. President Encl. Table 1 Work Breakdown and Cost Estimate Page 2 Proposal _2016_ 17 System Support docx 00 00 00 00 00 o u°4 Lf) ttoo EA co O r O CD Oo N M C14 I- r- 0 - N ti O M 00 N 69 N O t- 6N? 60? to N fA fR o (n Q 64) m - X J 0- W m o 0 0 0 0 0 0 00 0 0 0 0 CO 0 0 0 0 0 0 69 0 x 0 0 0 0 t) F- 0 0 0 0 0 0 0 0 0 0 0 `O a 69 69 69 60 69 0 Lo 69 69 64 6R •3 ~ W Y co C L N d L Y E O a m F- J m 3 U O O to Ln 0 0 0 U W In to r r 0 0 y c In E9 O r r 0 U Z 06 69 61) fR ER 6q LU ` O cn fn O W a ~ L T J O YO N r O O O O L.U L l~ m O C: Ch ~O W cn O O O i O O O O 07 N U) ca O O O O O W J p co O r O N U 0 04 Il- t- n O h M N O 69 Q 09, 66R ~ U ~ O Q m M ~ N N g Cl) v M I~ w cei c F- E O Q U U o 0 Q Z O G~ W D 0 69, QO Q :D U W O= F- 0 x z ° o i co ci O m 0 g o 0 6R r W J co Sr O N 10 N O ~ a M a N E ul U) 0- A O) O ~ O' x Y F= •3 Q c ` ro D , Z U L Q Q C Y o- N y C Fa V O O O a C N O m a m m z cn c a CL n~. ~ •E ~ c -a _ L O N 0) ~ V cn w. CU N d fn = F- d O m w N W O y 'O N_ y = y N d O L Q O N C ` U E 0 a 0 0 O L O = O O E 'F E v m E d U F ) a m o = Q L o E a o 0 0 > E E Q a a r N Cl) o L M O O N N o E E E o s_ U U cn 0 Terra Insurance Company PF TERRA (A Risk Retention Group) INSURANCE COMPANY Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 01/01/16 NAME AND ADDRESS OF INSURED Engineered Monitoring Solutions (EMS) 617 N. Main Street Newberg, OR 97132 This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 216187 01/01/16 12/31/16 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION No Project Specified CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: TERRA INSURANCE COMPANY City of Ashland (A Risk Retention Group) Attn: Pieter Smeenk 20 East Main Street Ashland, OR 97250 rresiaent DATE (MMIODNYYY) ,A oR " CERTIFICATE OF LIABILITY INSURANCE 1 210 312 0 1 5 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 NCONTAC7 AME: Slater & Associates Insurance 1FAX A/c No): 503.624.0846 Mid Valley General Agency LLC PHPA?, Ext ONE . 503.624.0466 4305 River Road N. ADDRESS: dee@!slaterinsurance.com INSURER(S) AFFORDING COVERAGE NAIC n Keizer OR 97303 INSURERA: Scottsdale Insurance Company 41297 INSURED INSURER B : Engineered Monitoring Solutions LLC INSURER C: 617 N Main St INSURER D : INSURER E : Newberg OR 97132 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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. LTR TYPE OF INSURANCE IN D POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS COMMERCIAL GENERALUABIL17Y EACH C URREN E 1,000,000 CLAIMS-MADE ~ OCCUR PREMISES (Ea occuir-eficel S 100,000 MED EXP An ona person) S 5,000 A Y CPS2359717 12/0312015 12/03/2016 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE UMITAPPLIES PER: GENERALAGGREGATE 2,000,000 x POLICY JECOT F LOC PRODUCTS - COMP/OPAGG s 2,000,000 OTHER; S AUTOMOBILE LIABILITY COMaBINED SINGLE LIMIT S (CA ANYAUTO BODILY INJURY (Per perwn) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NAUTOS ON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS (Per acddent i UMBRELLA UAB HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION PIER T OTH AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT 5 ANY PROPRIETORIPARTNERIEXECUTIVE MIA OFFICERIMEMBER EXCLUDED7 N (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S If yes, desaibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Sahadvle, may be allacbcd It more spa" Is required) City of Ashland is included as additional insured per GLS-1 SOS (07106). 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 AUTHORIZED REPRESENTATIVE Ashland OR 97520 cal, O~ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS2359717 12/03/2015 ENGINEERED MONITORING SOLUTIONS LLC 36005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II-WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required to on the project (other than service, mainten- add as an additional insured on this policy under a written ance or repairs) to be performed by or on be- contract, written agreement or written permit which must be: half of the additional insured(s) at the location a. Currently in effect or becoming effective during of the pleted; or covered operations has been com- the term of the policy; and b. Executed prior to the "bodily injury," "property b. That portion of "your work" out of which the in- damage," or "personal and advertising injury." jury or damage arises has been put to its in- tended use by any person or organization The insurance provided to these additional insureds is li- other than another contractor or subcontrac- mited as follows: for engaged in performing operations for a 1. That person or organization is an additional insured principal as a part of the same project. only with respect to liability for "bodily injury," 3. The limits of insurance applicable to the additional "property damage" or "personal and advertising insured are those specified in the written contract, injury" caused, in whole or in part, by:. written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- a. Your acts or omissions; or its of insurance are inclusive of, and not in addition b. The acts or omissions of those acting on your to, the Limits of Insurance shown in the Declara- behalf. tions for this policy. A person's or organization's status as an addi- 4. Coverage is not provided for 'bodily injury," tional insured under this endorsement ends when "property damage," or "personal and advertising your operations for that additional insured are injury° arising out of the sole negligence of the completed. additional insured. 2. With respect to the insurance afforded to these S. The insurance provided to the additional insured additional insureds, the following exclusions are does not apply to "bodily injury," "property damage," added to item 2. Exclusions of SECTION I- or "personal and advertising injury' arising out of COVERAGES: an architect's, engineer's or surveyor's rendering of or failure to render any professional services This insurance does not apply to "bodily injury," including: "property damage" or "personal and advertising injury" occurring after: Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 a. The preparing, approving or failing to prepare written contract specifically requires that this insur- or approve maps, shop drawings, opinions, re- ance be primary. ports, surveys, field orders, change orders or when this insurance Is excess, we will have no du- drawings and specifications; and ty under SECTION 1-COVERAGES to defend the b- Supervisory, inspection, architectural or engi- additional insured against any "suit" if any other in- neering activities. surer has a duty to defend the additional insured 6. Any coverage provided hereunder will be excess against that "suit." If no other insurer defends, we over any other valid and collectible insurance avail- will undertake to do so, but we will be entitled to the able to the additional insured whether primary, additional insured's rights against all those other insurers, excess, contingent or on any other basis unless a AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 2 of 2 F DATE (MWDD/YYYY) A~ R" CERTIFICATE OF LIABILITY INSURANCE 12/8/2015 TI!IS GERTIFICATE 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 NACONTACT ME: Doe Hughes 41 Slater & Associates Insurance, Inc PHQNE R (503) 624-0466 M AAX No; (503)624-0046 N C, PO Box 1469 E-MAIL dee@slaterinsurance.com ADDRESS: Tualatin, OR 97062-1469 INSURERIS) AFFORDING COVERAGE NAICN _ INSURER A :SAIF CO 36196 INSURED INSURER B : Engineered Monitoring Solutions LLC INSURER C : 617 N Main St LINSURER SURER D : Newbarg, OR 97132 E^ SURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE: AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TR WVo YY1 (M LIMITS INSR TYPE OF INSURANCE ADDLSUBR I POLICY NUMBER MMIDO/YYFF POLICY EXP COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-.ADE r_1 OCCUR PR` M SES Ea occurrence) $ t- MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY F_~ PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accddenl ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident I _ $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE__ $ DED RETENTION S $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNERrEXECUTIVE F-1 N / A E.L. EACH ACCIDENT 3 1, 0001_.q9_0_ OFFICERIMEMBE mandatory In NHR EXCLUDED? 958900 12/1/2015 12/1/2016 A ( ( ry E.L. DISEASE - EA EMPLOYE E 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) CERTIFICATE HOLDER CANCELLATION (541)488-5320 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn : Rob Morris ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main St Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Dee Hughes/DMH~~ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) Page 1 / 1 CITY OF, J~ C LI i /~LA r~T DATE PO NUMBER AS H 2/26/2016 13403 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 VENDOR: 009478 SHIP TO: Ashland Public Works ENGINEERED MONITORING SOLUTION, LLC (541) 488-5587 617 N MAIN ST 51 WINBURN WAY NEWBERG, OR 97132 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Onqoinq Dam Safety Services 24,400.00 Contract for Personal Services less than $35,000 Beqinninq date: 12/18/2015 Completion date: 06130/2017 SUBTOTAL 24 400.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 24,400.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.60410 E 201529.999 12 200.00 E 690.11.15.00.60240 E 201529.999 12,200.00 Authorized Signature VENDOR COPY PROJECT ACCOUNTING WORKSHEET CITY OFPROJECT NUMBER (YEAR XX) 2015-29 -ASHLAND PROJECT TITLE FERC Dam Safety Program DESCRIPTION 10n-going mainteance of Hosler Dam/Reeder Reservoir Department Public Works Project Manager Pieter Smeenk Department Head Mike Faught BUDGET INFORMATION Fiscal Year/ Potential Splits FY 2015-2017 FY 2015-2017 FY 2015-2017 Funding Code 670.08.15.00.602400 670.08.15 00.604100 690.11.15.00.602400 Funding 100% 50% 50% Funding Code Name Water Supply Water Supply Electrical DESIGN.100 Engineer Vendor # & Name 9478 Engineered Monitoring Solution, LLC PO budget estimate/ contract $12,200.00 $12,200.00 Actual Cost Changes Subtotal 0.00 12,200.00 12,200.00 DESIGN.100 Engineer Vendor # & Name PO budget estimate/contract Actual Cost Changes Subtotal 0.00 0.00 0.00 CONSTRUCTION .120 Contractor Vendor # & Name Brierville Fire & Forestry PO 13342 budget estimate $20,000.00 Actual Cost Changes Subtotal 0.00 0.00 0.00 CONSTRUCTION .120 Contractor Vendor # & Name PO budget estimate Actual Cost Changes Subtotal 0.00 0.00 0.00 BLDG PERMIT.170 budget estimate Final Cost MISC COSTS Total budget estimate 20,000.00 12,200.00 12,200.00 PUBLIC WORKS DEPARTMENT Tel: 541-488-5347 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us file:///G:/pub-wrks/eng/0/00-00/2016/admn/2016.02.22 PAWS - PNS.xls FORM#3 d CITY OF ASHLAND REQUISITION Date of request: 12/18/16 Required date for delivery: 2/2/16 Vendor Name Engineered Monitoring Solutions Address, City, State, Zip 617 N. Main St., Newberg, OR 97132 Contact Name & Telephone Number Barry Meyers 503-537-0900 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 - Attach co of council communication _(If council approval required, attach co of CC ❑ 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) -(Attach copy of council communication) ❑ 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 El Special Procurement Intergovernmental Agreement El Agency $5,000 to $75,000 ❑ Form #9, Request for Approval Date original contract approved by Council: ❑ Less than $35,000, by direct appointment El Written quote or proposal attached ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost See attached Exhibit C $ 24,400 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost r TOTAL COST v 'PF a J' ._s G? _5 Per attached quote/proposal 2015 29 Account Numbe ProjectNumb'eX---------- q o - Account Number 670 .08 . 15.00 .604100 Account Number, 670.11 .15 .00 . 602400 - (50%) (50%) 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 requisdoh form, I that he City's public contracting requirements have been satisfied. Employee: h'' Department Head: 1{ (Equal to or greater an $5,000) Department Manager/Supervisor P City Administrator: 3 (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO .1`` 6'- Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition