Loading...
HomeMy WebLinkAbout2015-162 Contract - Industrial Systems LLC Contract for PERSONAL SERVICES less than $35,000 CONSULTANT: Industrial Systems, Inc. CITY OF ASHLAND CONTACT: Troy B. Collison 20 East Main Street ADDRESS: 5835 NE 122nd Ave, #110, Portland, OR 97230 Ashland, Oregon 97520 Telephone: 541/488-6002 TELEPHONE: 503-262-0367 Fax: 541/488-5311 FAX: 503-262-0371 DATE AGREEMENT PREPARED: May 21, 2015 BEGINNING DATE: June 5,2015 COMPLETION DATE: June 30,2016 COMPENSATION: Time and Materials not to exceed $30,000. SERVICES TO BE PROVIDED: SCADA Integration Services in support of the TID Pump Station, as outlined in Exhibits C & D 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 primary 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. 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 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice frorn 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 agreernents, etc. shall be provided to the City. Tile 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 payrnents 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 si~n_the certification attached hereto as Exhibit A and herein incorporated by reference.-.----- Consultant: v City offAshland By By Signature Department Head Print Name Print Name 'S161P6 i{ Title Date W-9 One cop of a W-9 is to be submitted with ` the signed contract. Purchase Order No.~ APPf AS TO FORM ~e t. ttomey Date` 0 ~`5 Contract for Personal Services, Revised 07/08/2014, 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: i (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. Contractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 EXHIBIT B CRY of Ashland LIVING ALL employers described below must comply with City of Ashland laws regulating nt of a living age. - per four effective June 30, 2014 (increases annually every June 30 by the Consumer rice index) Employees must be paid a portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including living wage: 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 )i~- Note: "Employee" does not employer and the City of $20,142.20. include ternpormy of 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 v For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends I,olicy, please see Ashland 50% 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, a k y_l r W -.p a _ Svc . 1 1'J: - 6 r 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.Lis. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. Gontrad for Personal Services, Revised 07/08/20'14, Page 5 of 5 EXHIBIT C SCOPE OF SCADA INTEGRATION CONULTING SERVICES In response to the Oregon Health Authorities' approval of a loan to construct the TID Pump Station Improvements Project (PW 2012-01), the Ashland Public Works Engineering Division is contracting through an informal process for professional SCADA integration services required to upgrade the above listed existing facilities, as well as miscellaneous additional work required at the Water Treatment Plant in support of those projects , and which may include but is not limited to the following activities: • Designing, assembling, programming, & commissioning of SCADA control upgrades as required on a flexible services basis for the above referenced IFA funded projects. • Provision of SCADA control that may include analog input I/O to accept pressure and flow or level signals based on the existing Control Microsystems SCADA Pack 32 hardware. • Testing and troubleshooting of SCADA control for new equipment using existing system software. • Preparation of analysis and design documentation. • Assistance in preparation of complete bid documents (specs, bid quantities, etc.) as well as technical assistance during bidding and construction. • Services required to insure a complete and proper installation of the project by June 30, 2016. The Scope of Services does not include: • Services required to improve safety or to replace worn valve not included in original scope of the categorical exclusion. • Identification and acquisition of all necessary permits. The contract for services is anticipated for duration of 12 months, and is anticipated to be billed monthly on a time and materials basis in accordance with rate schedule provided by the consultant and attached to the contract. For further information contact: Pieter Smeenk, Project Manager 541/552-2413 smeenkp(washland. or.us The consultant is not entitled to rely on the accuracy and completeness of information provided. by the owner, owner's consultants and contractors, or information from public records or as- builts. All information assumed must be verified by the consultant. G:\pub-wrks\eng\12-01 TID Impr\admn\IS\2015-06-03 Exhibit C.doc EXHIBIT D CI,AUSTS FOR PROFESSIONAL SERVICES CONTRACT (required for till projects fielded fit, Stifc Drinking Wider Rei b ing Loral Fund (SDII'IZLl,) CCR Registration and DUNS numbers are required for all entities that enter info direct contracts with the recipients of Sate Drinking Water Revolving Loan funds. - - - - - ✓ C'CR Registration DUNS Number: Insert 11 from dfrb.gov Naive: i ' r~l 1 '7 s'~ ` ; < - rte L htt ):Hwww.dnb.coun/,et-a-duns- Business`fyx: l number.h[n) j % aide y Registration Status: t` l t 11 3 /1 Active Date: Expiration Date: SAM ivii>>v, scnrn.gonL/holYcrU7ulhlic/SAillI (NOTE: The CCR regislraNon expires an a ally and must he kept uahv mull lher SDIPRLP' naiect is closed) 1. Sow ee of Funds Wort: under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. 2. Whistleblowers Contractor receiving SDWRLF funds shall under or tlu'ough this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d). 3 Non Discrimination The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance a-reennents. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 4. Intellectual Property Contractor hereby grants to the U.S. EJI.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise Ilse, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties [lie same license in the name of the U,S, E.P.A. regarding any intellectual properly developed by third parties as subcontractors to perform this project, or developed under contract with the Cowraetor specifically to enable Contractor's obligations related to this pr<.jeel, S. Inspections; Information Collf ractor shall permit, and cause its subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any pally designated by them to: G:Ipub-wrI(sleng112-01 TID lmprladnmIIS12015-05-20 Exhibit D,doc ~ (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. (2) Inspect and snake copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed. 6. Environmental & Natural Resource Laws "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 (J.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S,C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 7. Prohibition oil the Use of Federal Funds for Lobbying CERTIFICATION REGARDING LOBBVING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person) for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, in officer or employee of Congress, or all employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, COnt►ntlatron, reneWal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to airy person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of' a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all suba•ecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for snaking or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required celt.ifroation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed 't'itle t~ i1 ,-r- - - - - Dale G:1pub-wrksleny112-01 T1D ImprladmnlIM2015-05-20 Exhibit D.doc ,4co CERTIFICATE OF LIABILITY INSURANCE 5/DATE (MMIDDIY 21/2015 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER7IFICATE 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 pollcy(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 NAME: Employee DEFREP American Benefits Inc. A7O~ Ex (503)292-1580 FAC No; (503)467-4600 9755 SW Barnes Rd MAIL Suite 290 INSURER(S) AFFORDING COVERAGE NAIC Portland OR 97225 INSURERA:Libe - Liberty Northwest 1939 INSURED INSURER B:Hart£ord Accident And Indemnit 2357 Industrial Systems, Inc. INSURERC:Indl - Admiral Insurance 5835 NE 122nd AVENUE #110 INSURERD: INSURER E : Portland OR 97230 INSURERF: COVERAGES CERTIFICATE NUMBER:CL151200746 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. ADDLISLUR POLICY EFF POLICY INSR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM1DD YEYW LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X DAMAGE GENERAL LIABILITY PREMISES Ea ocrurrence $ 2,000,000 REN7EL A CLAIMS-MADE a OCCJR ZS54620179 /1/2015 /1/2016 MED EXP (Any one person) $ 15 , 000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 4,000,000 X POLICY PR O LOC $ ECT- AUTOMOBILE LIABILITY C IN SINGLE LIMI Ea accident 1,000,000 A Ix AN" AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED S54620179 /1/2015 /1/2016 BODILYINJURY(Peraccident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS `Peracadent X UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ 2,000,000 l \ A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DIED X RETENTION$ 10,000 5054620179 /1/2015 /1/2016 $ B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ,R ANY PROPRIETORlPARTNER/EXECUTIVE E. L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? NIA ZWECLR7227 1/1/2014 1/1/2015 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ 1 000,000 If s, describe under DSCR IPTION OF OPERATIONS below E.L DISEASE- POLICY LIMIT $ 1 000, 000 C Professional Liability 0000021111101 1/12/2014 1/12/2015 $1,000,000 A BPP ZS54620179 /1/2015 /1/2016 34,420 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate Holder is named as an Additional Insured with respects to the liability arising from the operations of the Named Insured. The Certificate Holder is an Additional Insured per insurance policy provisions. 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 East Main street Ashland, OR 97309 AUTHORIZED REPRESENTATIVE Jim Hisatomi/KATG C7-4' ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005) 01 The ACORD name and logo are registered marks of ACORD INDEMNITY EXCESS & SURPLUS AGENCY, INC. Date: 5/25/2015 A.M. Best Rating: A+ (Superior) ♦ Financial Size Category: XV ♦ ADMIRAL INSURANCE CO. To: AMERICAN BENEFITS From: April Simpson Commission: Attn: DEBBIE FREADMAN asimpson@ies-xs.com Subject: INDUSTRIAL SYSTEMS, INC. Renewal Of: E0000021111-03 MID TERM QUOTE Coverage Technology Professional Liability Item I: Professional Services: Development of Automation Controls and Systems Integration and Related Training and Support for Others for a Fee Item II: Limits of Insurance: A. Third Party Liability Coverage Limit of Insurance $2,000,000 1. Professional Services Wrongful Acts $2,000,000 2. Electronic Media Wrongful Acts $2,000,000 3. Network Security Wrongful Acts $2,000,000 4. Privacy Wrongful Acts $2,000,000 B. Regulatory Coverage Limit of Insurance $100,000 C. First Party Privacy Coverage Limit of Insurance $100,000 1. Crisis Management Expense Sub Limit $25,000 2. First Party Privacy Coverage Aggregate Limit $100,000 D. Policy Aggregate Limit of Insurance $2,000,000 Item III: Deductible: A. Per Claim or Regulatory Proceeding $5,000 B. Per Privacy Breach Event $5,000 Item IV: Retroactive Date: 11/12/2010 As respects Third Party Liability Coverage and Regulatory Coverage 11/122012 As respects First Party Privacy Coverage 6/12015 As respects to $2M limits Endorsement $896 Pro-rated AP (Effective 61112015 -1111212015) for bumping to $2M limits Additional ($2000 Flat Item V: Premium: Annual) State Tax: $17.92 Fire Marshal: $2,69 Minimum Retained Premium: 25% Minimum Retained at Inception This quotation may not include all terms and conditions requested. TERMS & CONDITIONS Schedule of Forms & Endorsements View View All Forms ET00240113 View MED TECH ERISK QUOTE FLYER DE23161110 PROFESSIONAL LIABILITY POLICY DECLARATIONS CLAIMS MADE FORM ET00010313 View TECHNOLOGY COVERAGE FORM E012391112 View PROFESSIONAL SERVICES WRONGFUL ACT AMENDATORY ENDORSEMENT E012360912 View AMENDED DEFINITION OF CLAIMS EXPENSES REGULATORY PROCEEDING FINES AND PENALTIES SUB LIMIT A144020313 View SERVICE OF SUIT View View All Forms Subjectivities COMMENTS The terms and conditions set forth in the renewal policy described in this quote authorization letter may be more restrictive than the terms and conditions set forth in the expiring policy. The descriptions contained In this letter summarize selected terms and conditions of the renewal policy. The renewal policy Itself, and not this letter, will govern the Insured's rights as a policyholder. Specimen copies of most policy forms are available for your review via the links embedded in this letter. Complete policy wording may be made available upon your written request. Please read and compare carefully. Page 1 of 2 FM5110 (3/091 O DATE (MMIDDIYYYY). ,acoRn CERTIFICATE OF LIABILITY INSURANCE 5/21/2015 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 Employee DEFREP NAME: American Benefits Inc. PHONE (503)292-1580 FAX (503) 467-4600 AIC No Ext : AIC No -MAIL 9755 SW Barnes Rd ADDRESS, Suite 290 INSURER(S) AFFORDING COVERAGE NAIC# Portland OR 97225 INSURERA:Libe - Liberty Northwest 1939 INSURED INSURER B:Hartf Ord Accident And Indemnit 2357 Industrial Systems, Inc. INSURER C :Indl - Aclnairal Insurance 5835 NE 122nd AVENUE #110 INSURERD: INSURER E : Portland OR 97230 INSURERF: COVERAGES CERTIFICATE NUMBER:CL151200746 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMlDD..YY (MMIDDIYYY\O GENERAL LIABILITY EACH OCCURRENCE $ 2 1 000 , 000 DAMAGE rc RENTED 2,000,000 X 7=Pdt?ERCIA GEidERALL(A6ILITY RE PREMISES Eaoar~ ence $ A CLAIMS-MADE I-XI OCCUR ZS54620179 /1/2015 /1/2016 MEDEXP(Anvorieperson) $ 15,000 PERSONAL & ADV IN.D.;RY $ 2 , 000,000 GENERAL AG-GREOATE $ 4,000,000 GE" LAGGREGATE LIMIT APPLIES PER PRODUCTS -CCMPIOP AGG $ 4,000,000 X POLICY BRO- $ ,.Er'T LOC AUTOMOBILE LIABILITY %F,~e~ad" t ~IfJGLE LIMIT 1 000 00,000 A AfJY AUTO BODILY INJURY (Per Gerson) $ ",LL O'J'✓NED SCHEDLILFO 554620179 /1/2015 /1/2016 &-DILY INJUPY per a~adent? $ AUTOS AUTOS FRO?ERTY D:,AGE X X NON-ONR~ED 'FPr aecidPnt $ HIRED AUTOS AUTOS $ X UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAR CLAIIJ =MACE AGGREGATE $ 2,000,000 DIED X RETEN-fl,7rv$ 10,000 5054620179 /1/2016 /1/2016 $ B WORKERS COMPENSATION T7 i~-1U^ ER AND EMPLOYERS LIABILITY ANY PFOPRIETORr_ A.PTN_RIEN.ECUTIVE YIN EL EACH ACCIDENT $ 1,000,000 OFFCEPdMEMBEP YCLUDED^ NIA 1/1/2014 1/1J2015 (Mandatory in NH) 2WL~CLR7227 E.L DISEASE - EA. E-MPLCYE_ $ 1,000,000 If 1 rr'= under D! OF -Pc2ATl_N. EL.DISEASE-POLICYLI:""/IIT $ 1,000,000 C Professional Liability 0000021111101 1/12/2014 1/12/2015 $2,000,000 A BPp ZS54620179 /1/2015 /1/2016 34,420 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Certificate Holder is named as an Additional Insured with respects to the liability arising from the operations of the Named Insured. The Certificate Holder is an Additional Insured per insurance policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main street Ashland, OR 97309 AUTHORIZED REPRESENTATIVE Jim Hisatomi/KATG t_ ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (2oteo~) at The ACORD name and logo are registered marks of ACORD i r~ "Ll CITY OF ASHLAND June 12, 2015 ATTN: Kari Olson RE: MARQUESS & ASSOCIATES / INDUSTRIAL SYSTEMS, INC. TID PUMP STATION Please find enclosed a fully executed copy of the Personal Services contract, Requisition, and Form #4 for the above referenced contractors. Please see attached Notice of Transmittal that further explains insurance requirements per Scott Fleury. Currently, Marquess carries $1,000,000 aggregate for PL and will be supplying the $2,000,000, however, the carriers have been delayed - Dave Kanner has approved with the attached. Industrial Systems has provided their update. I will send you the updates upon arrival. Let me know if you have any additional questions. Thanks, Whitney Dennis Administrative Assistant City of Ashland, Public Works Department 51 Winburn Way, Ashland, OR 97520 (541) 552-2427 den nisw(cD_ashland.or.us PUBLIC WORKSIENGINEERING DIV. Tel: 541-488-5347 r 20 East Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: Dave Kanner DATE: 6-3-2015 PROJECT: JOB NO.: SUBJECT: THE FOLLOWING ITEMS ARE BEING SENT TO YOU: ENCLOSED X UNDER SEPARATE COVER REMARKS : Contracts and requisitions for signature. Contract #1-Marquess & Associates engineering and safety improvement design for the Terrace St. pump station. Currently Marquess only has 1 million in professional liability insurance, but is upgrading to 2 million. We need contract authorization to start engineering now as the safety improvements to Terrace St. are important prior to the start of pumping TID. Marquess will have 2 million within a few weeks and the City will be named certificate holder on the upgraded insurance. Contract #2-Industrial Systems. Industrial systems is also upgrading insurance from 1-2 million and we need them to assist with the SCADA system at the Terrace St. pumpstation as part of the improvement process. They will also provide a 2 million certificate shortly. PUBLIC WORKS Tel: 541-488-5587 20 E. Main Street Fax: 541-488-6006 Ashland, Ore on 97520 TTY: 800-7355-2900 www.ashland.or.us , Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER PTA& 20 E MAIN ST. 6/19/2015 12926 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 013438 SHIP TO: Ashland Public Works INDUSTRIAL SYSTEMS, LLC (541) 488-5587 5835 NE 122NDAVE SUITE 110 51 WINBURN WAY PORTLAND, OR 97230 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 SCADA Services per Exhibit C 30,000.00 Time and materials not to exceed $30,000.00 Contract for Personal Services Beqinninq date: June 5, 2015 Completion date: June 30, 2016 SUBTOTAL 30 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 30,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 E 201201.999 30 000.00 <2 Authorizeoignature VENDOR COPY FORM #3 CITY OF G-c<_i r REQU®S®TION Date of request: Required date for delivery: Vendor Name Address, City, State, Zip c,~~• T &VD 0K Contact Name & Telephone Number -x - Fax Number 36y 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 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 (45,6, 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 Specrm ial #9, Request for Procurement Approval Intergovemmental Agreement $5,000 to $75,000 ❑ Agency Less than $35,000, by direct appointment ❑ Fo El Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date)- Date Form #4, Personal Services $5K to $75K Valid until: -(Date)_ Description of SERVICES Total Cost igep irtdr,-zrrak i-en, 4c') pkrerld Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal Project Number- z-01 Z -09 _ Account Number___-_ - - - Account Numbetl&-a9,1-~ -t :ZA'207 Account Number------------- 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes I No By signing this requisition form, l certify that the City's public contracting requirements have. been satisfied. Employee: Department Head: (Equal to-or,greaterthan $5,000) !partment Manager/Supervisor. City Administrator:-'' (Equal to or greater than $25,000) Funds appropriated for current fiscal year.' Finance Director- (Equal to orgreatertean $5,000) Date Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael R. Faught-Director of Public Works Date: 6-10-2015 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 of Public Works intends to contract with Industrial Systems. Inc. (IS), to provide and install SCADA remote terminal at the TID pump station for project number 2012-01. The work requires a specialty contractor knowledgeable in installation and programming of the pumps, sensors and valves included in the project. The work includes replacement and installation proprietary electronic progtrammable logic controls used exclusively in our water system's SCADA. Larry Helanius, the SCADA integrator for IS, has been programming and servicing the water department's SCADA system for at least 15 years and is currently the individual most familiar with the system. The services are expected to be provided in FY201 Sand FY2016 on a time and materials basis with a not to exceed budget of 530.000.00. 100% are to be paid out of the Water Supply budget. 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? Ashland Public Works does not have the staff trained in or capable of configuring or programming the SCADA equipment needed under this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 6/11/2015