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HomeMy WebLinkAbout2008-221 Contract - Engineered Monitoring RECEIVED AUG2 Ii 2008 City of Ashland Enfineer,ed..Monltorin:fSolutions 20345 SW.Pacific Highway, Suite t04 Sherwood,OR97140 503-925;.1700 ph 503-925-1701 fax August 20,2008 City of Ashland PUblic .Works[)epartm~nt 20 EastMain Street Ashl~nd, Oregon 97520 Attn: Mr. Pieter Smeenk, P.E. Re: Hosler Dam Failure Warning System EquiJ;)ment Maintenance Ihspectionand Servioing Dear .Pieter: ,.J Weare pleased to submit this proposal to pfovide maintenance inspections and servicing of the Hosler Dam FailureWarningSyslem. As you are aware. the systern waseJesigned and installed in 2003 bySqui.erlKleinfeldertoimprovethe City of Ashland's ability to provideearlywEuningtothe downstream community of the need to evacuate eluetoa developing failure condition atthedarn. The failure warning .systemeonsistsoflwo subsystems. {the deteoliOnsystem and. the .notifiPEition systsrp)thafare fuUy integrated together to form the failure warning system. AdeJitionallYi a system inspeotion was performed by EMS on Maroh 21, 2007 and a nurnberof maintenance related items Were identified and recommended. It Is our understanding that the City desires an annual inspeotion and assistance related to the maintenance and SEuvioing'thewarningsystemcomponents. Toaooomplish.the inspection visit and perform themaintenanoe tasks, We propose the following scope of work. SQOPEOF SERVIGES Our proposed stope ofworl<includes performing an annual maintenance insp.eotion whioh would include. anon"sit~ visit to the. proJe~tto perform. .an inspeotionoftl1e detection system components and to review the results oftheCity'snotificationsystemperfol"mancetssts. The scope ofservice.s wo.uld also inelude.pre.paringa letterreporttodooumenl the findings and recommended foUow...up efforts. To accomplish .this, avisittQthe dam Will be performed to inspect the system components including the. reservoir level. sensor, seismic recorders, ADAS. equipment, solar pOWer supplies, radio equipment, and the reservoir level site gauge. A visit to the water treatment plant (WTP) will also be . III I --~ performed to inspect the ADAS equipment and radio equipment. We will manually trigger an alarm condition to the ADAS to test the integration of the ADAS and SCADA programming. We will also conduct a 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. In addition to the maintenance inspection, we will perform the following items that were included in the inspection letter report dated April 19, 2007. · Provide and install a conduit plug between the MCU enclosure and the battery enclosure at MCU2. · Provide and install desiccant packs in the MCU and battery enclosure at MCU2. · Replace the vent tube desiccant capsules at the Reservoir Level sensor (RL 1). · Replace the internal clock batteries of both strong motions recorders (SR 1 and SR2) · Replace 12 volt batteries in both solar charging systems (MCU1 and MCU2). · Provide and install high visibility paint on the Reservoir Level Site Gage. For our cost estimate, we have assumed that all of these maintenance items will be performed during the annual maintenance inspection task. COMPENSATION We estimate that the total cost for the scope of work outlined above would be on the order of $4,469. We propose to perform this work on a time and materials basis in accordance with the attached Terms of Agreement For Monitoring System Services (July 2008). This estimate is based on the assumptions listed herein. Should you wish to modify the scope of work prior to accepting this agreement, we would be pleased to review this proposal and our estimated fee with you. The annual maintenance inspection would not include the cost of servicing, repairing, or replacing system components other than those identified in the scope of work above. The servicing, repairing. or replacing of additional system components not described above would be provided on a time and materials basis in accordance with the fee schedule that is included in the attached Terms of Agreement. Page 2 MainllnspectiOll Proposal-200B.doc SCHEDULE We>arein a position to begin wOrk on thIs project within two weeks sfter receivingyoursuthorizstion to proceed. We anticipate thatthe letter report can be complet$d within three weeks following the site visit. CONOLUDINGCOMMENTS Acceptance of this proposaland<attached <:Iocuments is indicated by signing and datingin the space provided below and returning one .copyof this letter to us. If more than 90 days pass before authorizing the propos.edwork, wer$serve the opportunity to review and modify this proposal where necessary . We look forward to continuing to be of service to yo.u on this project. Shouldyou.hsveany questions fesarding this proposal, or if renegotiations of the Scope of Services, Terms of "greement,. or .Limitation of LiabUity were . considered advisable, we wouJdbe pleased to confer with you at your convenience. b4~ . anyMyers. P.E. President by reg Dutson Senior SysteO'lslntegrator Very truly yours, Engineered Monitoring Solutions GOD/xxx EnoL Terms of Agreementfor Monitoring System Services July200B (H) ProposfilAccQptanceandAuthorization to Proceed Printed Name Authorized Signature Date Page 3 Maint IlJSpectiOn PropoSal-2008.cJoc ----,yr--y--- TERMS OF AGREEMENT FOR MONITORING SYSTEM SERVICES ENGINEERED MONITORING SOLUTIONS (referred to herein as Consultant) July 2008 (H) FEES FOR SERVICES Fees for services are based on the time expended on the project by professional, technical, and clerical personnel at the following schedule of hourly charges: Position Administrative Staff Project Engineer, Systems Integrator Senior Project Engineer, Systems Integrator Senior Engineer, Systems Integrator Principal Engineer, Systems Integrator Senior Principal 11 These rates shall remain in effect until completion of the agreed scope of services or one year from date of agreement, whichever occurs first. REIMBURSABLE EXPENSES Expenses incurred in connection with project tasks such as equipment purchases, rental equipment, out-of-town subsistence, vehicle costs,. expedited delivery and similar, will be invoiced at direct cost plus 12 percent. Communication oosts, including telephone, fax, cellular. and postage wiil be charged at 2 percent of labor costs. Special technical computer programs, CAD, and GIS usage wilt be charged at $15 per hour. Hourlv Rate 1) 70.00 105.00 115.00 125.00 140.00 160.00 SERVICES BY OTHERS On occasion specialized services by design consultants, contractors, or other technical companies may be needed. Such services will be utilized only with your approval, with the cost of such services included in our invoice plus 15 percent. PRODUCTS PURCHASED All hardware and software products are being procured by Consultant as a service for the Client. Client agrees that the relationship for all prOduct warranty, support, servicing, and performance or defect liability issues is between the Client and the product manufactures. INVOICES Consultant will submit invoices to you, the Client on a monthly basis and a final bill upon completion of services. Payment is due upon reCeipt of the invoice unless otherwise agreed, and is past due thirty (30) days from invoice date. A service charge will be added to any account balance in arrears at a monthlY rate of 1 % percent of the balance due. Client agrees that the invoice balance is correct unless we are notified in writing within ten days of date of invoice. INSURANCE The ConSultant represents and warrants that it and its agents, staff and other consultants employed by it are protected by workers' compensation insurance and that the Consultant has such coverage under pubic liability and property damage insurance policies which it deems to be adequate. Certificates br all such poflCies of inslnnce will be provided to Client upon request in writing. Within the limits and conditions of such insurance, we agree to inctermify and save Client harmless from and against any loss, damage, or liability arising from grossly negligent acts by the Consultant, its agents, staff, and other sub-consultants employed by it. Consultant shaD not be responsible for any loss, damage, or liability beyond the amounts, Omits, and conditions ci such insurance. The Consultant shall not be responsibE for any loss, damage, or liability arising from any acts by Client, its agents, staff, and other consultants employed by it STANDARD OF CARE Services performed by the Consultant under this Agreement win be conducted in a manner consistent with that level of care and skill ordinarily exercised by the profeSSion currently practicing under similar conditions in this area at this time. Client recognizes that conditions may vary from those encountered at the iocation where surveys or investigations are made by the Consultant, and that the data, interpretations and recommendations of the Consultant are based solely on the information available to it. The Consultant will be responsible for those data, interpretations, and recommendations, but shaft not be responsible for the interpretations by others of the information developed. LIMIT ATIONOF LIABILITY Client agrees to limit the Consultant's liability to Client, and to any other person or entity, for any claim arising from, or alleged to arise from any acts, errors, or omissions in the performance of this Agreement, whether such claim sounds in negligence, breach of contract, strict liability or other legal theory, and including any legal fees or costs awarded under this Agreement. to an aggregate limit of the amount of fees paid to Consultant under this Agreement, or $50,000, whichever is greater. Waiver of this clause or a higher limitation may be negotiated for an additional fee. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials, including biological pollutants (molds, fungi, spores, bacteria, and viruses, and the byproducts of any such organisms or life forms) may exist, or occur later, at a site where there is no reason to believe they could or should be present. Consultant and Client agree that the discovery of unanticipated hazardous materials, including biological pollutants, constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Client agrees to compensate Consultant for the additional cost of working to protect employees' and public's health and safety. In addition, Client waives any resulting claim Client's initials Date Page 1 of2 July 2008 (H) against Consultant, and agrees to defend, indemnify and save Consultant harmless from any claim or liability for injury or loss arising from Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to fairly compensate Consultant as outlined herein for any time spent and expenses incurred by Consultant in defense of any such claim. AQUIFER CONTAMINATION Client recognizes that it is impossible for Consultant to know the exact composition of a site's subsurface even after emplOying the most comprehensive exploratory program reasonably possible. As result, there is a risk that instrument installations or sampling may result in contamination of certain subsurface areas. as when a prObe or boring device moves through a contaminated area, linking it to an aquifer or other hydrous body not previously contaminated and capable of spreading hazardous materials offsite. Because nothing can be done to prevent such an occurrence. and because such installation and. sampling is a necessary aspect of the work which Consultant will perform for Clienfs benefit, Client waives any resulting claim against Consultant, and agrees to defend. indemnify and save Consultant harmless from any claim or liability for injury or loss which may arise as a result of cross-contamination caused by instrument installation or sampling. Client further agrees to fairly compensate Consultant as outlined herein for any time spent or expenses incurred by Consultant in defense of any such claim. RIGHT OF ENTRY The Client will prOVide for right of entry of the Consultant, their contractors, and all necessary equipment, in order to complete the work. While the Consultant will take all reasonable precautions to minimize damage to the property, the Client understands that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. UTILlTI~ In the prosecution of the work, the Consultant will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold the Consultant harmless for any damages to subterranean structures or utilities which are not called to the Consultanfs attention and correctly shown on the plans furnished. OWNERSHIP OF DOCUMENTS All reports, field data, field notes, calculations. estimates, and other documents prepared by the Consultant, as instruments of service, shall remain confidential and the property of the Consultant. Client agrees that all reports and other work furnished to the Client. which 'is not paid for, win be returned upon demand and will not be used by the Client for any purpose whatever, The Consultant will retain all pertinent records relating to the services performed for an appropriate period following submission of the report or completion of work, during which period the records will be made available to the Client at all reasonable times. DISPUTES In. the event that a dispute arises in any way Connected with this Agreement, and if the dispute cannot be settled through direct discussions. the parties agree to first attempt to settle the dispute by mediation, before recourse to arbitration or a judicial forum. If the dispute eventually results in litigation, it is agreed that the prevailing party shalf be entitled to recover all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim-related expenses, including at trial and on appeal. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, the Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination or suspension for more than three (3) months prior to completion of all reports contemplated by this Agreement, the Consultant may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspenSion. The expenses of termination or suspension shall include all direct costs of the Consultant in completing such analyses, records and reports. ASSIGNS Neither the Client nor the Consultant may delegate, assign, sublet or transfer Its duties or interest in this Agreement without the written consent of the other party. SEVERABILITY Client and Consultant have entered into this Agreement of their own free will to communicate to one another mutual understandings and responsibilities. Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shaH continue in force. However, Client and Consultant win in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. Client's initials Date Page 20f2 Contract for GOODS AND SERVICES Less than $25,000 CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONTRACTOR: Engineered Monitoring Solutions CONTACT: Barry Meyers, P.E., President ADDRESS: 20345 SW Pacific Highway, Suite 104, Sherwood, OR 97140 TELEPHONE: 503-925-1700 FAX: 503-925-1701 yt DATE AGREEMENT PREPARED: 10/28/2008 . , BEGINNING DATE: 11/03/2008 COMPLETION DATE: 02/03/2008' COMPENSATION: Not to exceed $4,469.00, per attached estimate dated August 20,2008. Travel expenses (out-of-town subsistence, vehicle costs, and lOdging) must be within reason and will be reimbursed at cost. GOODS AND SERVICES TO BE PROVIDED: Contractor to conduct a maintenance inspection on the Hosler Dam Failure Warning System. The six (6) items requiring servicing that were included in the inspection letter dated April 19, 2007, will also be fully completed at the same time as the annual inspection. ADDITIONAL TERMS: Engineered Monitoring'Solutions terms and conditions are incorporated into this contract as an extension of their proposal; however, the City's contract terms and conditions will prevail over any conflicting terms and conditions. .' \ NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Goods shall be paid for within 30 days of an invoice after delivery of goods conforming to the standards and specifications. Once work. commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2798.220, 2798.225, 2798.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,088 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to th~erformance of this contract by Contractor (including but not limited to, Contracto~s employees, agents, and others d signated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsib for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, an proximately caused by the negligence of City. 9. Termination: ~~ ~"", a. Mutual Consent. This contract may be terminated at any time W mutual consent of both parties. b. Citvs Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing I and delivered by certified mail or in person. Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 1 of 9 ---~~----~------nr-T - .c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments.authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliaation/Liabilitvof Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.11 0 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.71 0, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a ORF if Contractor has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than EAter eA8: $2ee,eee, $See,eee, $1,000,000, $2,999,999 eT ~J8t .~,JtI31i88818 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liabilit insurance with a combined sin Ie limit, or the e uivalent, of not less than iRter eRe: Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 2 of 9 ---,T,T $~99,999, $599,999, $1,000,000, er t~et Applieabl6 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. . d. Notice of cancellation or chance. 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 Contractor or its insurer(s} to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of lawsJ rules or doctrines. Any claim, action, suit or proceeding (collectively, lithe claim ") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. CONTRACTOR BY ~~~Q-- ~ /"t ~ Print Name CITY OF ASHLAND: BY ~ TITLE ;o/f.6SI()~ r DATE // FederallD# // /3/08" V I oS?' 3 enS- CONTRACT AWARD AND INDINGS DETERMINED BY: By: I t City Department Hea Date: ACCOUNT # '1 ?' t? ~ ( 'f)C t:/ ca DATE Completed W9 form must be submitted with contract PURCHASE ORDER # G/ g 6 :2. 7 Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 3 of 9 ~-~-- 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 10 (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 . rofessional standards, and (d) Contractor is qualified, professionally competent and duly lice ed to perform the work. Contractor also certifies under penalty of perjury that its business is not in iolation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity desig ated above and authorized to do business in Oregon or is an independent Contractor as defined in he contract documents, and has checked four or more of the following criteria: ~ ./ a/ ,,/' .II' V a.-/~ ~ (1) I 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) I 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. ~~~ Contract /1/3/~? (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 4 of 9 Fo~ W-9 (Rev. Odober 2007) Depaltmenl of the TrealUY Internal Revenue Service Nam. shown on your income tax re m) Request for Taxpayer Identification Number and Certification Give form to the request.r. Do not send to the IRS. CIi CD C) ell a. f5 Cl)f11 ~~ 8j Cc 'C_ a. U: !E -u. i 1 Enter your TIN in the-appropriate box. The TIN provided must match the name given on Une 1 to avoid backup withholding. For individuals. this is your social security number (SsN). However. for a resident 'allen, sol.& proprietor, or disregarded entity, see the Part I instructioos on page 3. For other entities, it is your employer Identification nUmber (EIN). If you do not have a number, see How to get a TIN on page 3. N.ot.e. If the account is in more than one name, see the chart .on page 4 for guidelines on whose n!Jmb~ to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to lTie)~ and 2. I am not subjeCt to baQkup withholding because: (Ei) I am e)(empt from backup withholding. or (b) I have not been notified by the Internal Revenue Service (IRS) tl181 I am subject 10 backup withholding as a resultofa failure to report all interest or dhilderids,or (e) the IRS ha~ no~ified me tha,t I am no longer subject to bacl<up withholding, and 3. [am a U.S. citizen or other U.S. p~son (defined below). Certlfl~catlon Instructhms. You must cross out item 2 above if you have been notified by the [RStnat you are currentlysubjed to backup withhoiciii"lgbecause you have failed to. report aU intEirest and dividends 'on your tax return. For real estate transactions; item 2 does not apply. For mortgage interest paid, acquisition or abandonment of seoured property.. cancellatioo of debt, contributions to an individual retirement arral10ement (IRA), and,generally; pa~el'\ts other than interest and diVidends, you ar& not required to sign the Certification,. but .you must proyi,de your Correct TIN. S~ th~ inst dions-on page 4. Taxpayer Identification Number (TIN) O Exempt pllyee Requester's name and addreea (optiona~ 1 Social ..eu~ numi' or Sign Here General InstructiOns Section references are..to the Internal Revenue Ood~ unless pth$rwise noted. . Date . Purpos~ of Form A perso.n who is required to file. an information return with the IRS must obtain your cOrr~t taxpayer identification number (TIN) to report, for example~ income paid to you, real estate transactions. mortgage interest -you paid, acquisition or abandonment of secured property, cancellation of debt, or 'contributlons you made to.an IRA Use FormW-9 only If you are a U.S. person (including_ a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the llNyou are gIVIng is correct (or you are waiting for ,a number to be iS$ue~), 2. Certify that you are not subjeCt to backup withholding, or 3. Claim exemptionJrom back.!JPwlthholding if you are ~.U.S. exempt payee. If applicable. you are also CQrtifying that ,as a U.S. person, your allocable share of any p~nership income from a U.S. trade or business. Is not subject to the withholding tax on foreign partners' share of effectiv~y connected income. Note. If a requester giv'es you a form other than Form W-9 to request your TIN. 'you must use_ the requester's form if it is substantially similar to this Form W-9. DeftnnJon 01 a U.s. pers_on. For federal tax purposes, you are considered a U.S. person if you are: . An individual who is a U:S. citizen or U.S. resident alien, . A partnership, corporatiOn. company, or association created or orgailiZE!d in the United states or under the laws of the United States, . An estate (other than 'a foreign estate), or . A domestic trust (as defined in Regulations' section 301 .7701-7). Special rule, lor partnershiPs. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such busin-ess. Further, in certain cases where a Form W-9 has' not been received, a partnership is required to presume that a partner is 'a foreign person, and pay the withnolding tax. Therefore, if yo!,! are a U.S. person that is a partrier in ~ ~rtnershipconQL!cting a tra~h~ or business in the United,States, provideFam W-9Oto the partiiElrShip to establl.sh your U:S. status and avoid withholding on y.o~r share of partnership income. , The per.son who gives Form W..9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on :its allocable shar,e of net incorrie from the partnership cQnducting a trade or business in the United states is' In the following cases: . The U.S. owner of a disregarded entity and not the entity. Cat. No.1Q231X Form W-9(Rev. 1()'2007) Contract for Goods and Services Less than $25,000, Revised 06/30/2008, Page 5 of 9 ----rrr-r- -~-- r~' C I T Y 0 F CITY RECORDE ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 r::;-, VENDOR: 009478 ENGINEERED MONITORING SOLUTION, LLC 20345 SW PACIFIC HWY STE 104 SHERWOOD, OR 97140 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Tenns: Net Req. Del. Date: SPeciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Pieter Smeenk Confinning? No THIS IS A REVISED PURCHASE ORDER . Siren Maintenance, Per attached proposal dated AUQust 20, 2008 4,469.00 Contract for Services Date of aQreement: 10/28/2008 BeQinninQ date: 11/03/2008 Completion date: 02103/2009 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 4469.00 0.00 0.00 4,469.00 Ah<~ I/~~ Auth . ed Signature ~ VENDOR COPY A requ~st for a Purchase Order REQUISITION FORM CITY OF ASHLAND Date of Request: THIS REQUEST IS A: D Change Order{ existing PO # Required Date of Delivery/Service: Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name Engineeered Monitoring Solutions 20345 SW Pacific Highway Su 104 Sherwood, OR 97140 541-925-1700 541-925-1701 t3arry Myers P. C. 80LICITAnON PROCESS Small Procurement D Sole Source D Invitation to Bid [8J Less than $5,000 D Written findings attached (Copies on file) [8J Quotes (Optional) D Quote or Proposal attached Coooerative Procurement D Reauest for ProDOsal D State of ORIWA contract (Copies on file) Intermediate Procurement D Other government agency contract D SDeCia11 Exemot D (3) Written Quotes D Copy of contract attached D Written findings attached (Copies attached) D Quote or Proposal attached D Contract # D Emeraency D Written findings attached . D Quote or Proposal attached Description of SERVICES ~ Sire () m ~1e ,,~~ Per the attached PROPOSAL Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number 01-24 Hosler Dam Siren System ~ Per attached QUOTE Account Number 670.08.15.00.604130 * Items and services must be charged to the appropriate account numbers for the financia/s to reflect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can rovide on req est. \ Employee Signature: Supervisor/Dept. Head Signature: ~:.l ~ ~ ~~ ~ G:\pub-wrks\eng\08-45\2008-08-05 Algacide Requisition - PAW - Findings Memo - Contract for 25K merged.doc