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HomeMy WebLinkAbout2015-171 Contract - Automated Valve Services Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Automated Valve Service (AVS) ASHLAND CONTACT: Corey Booth 20 East Main Street Ashland, Oregon 97520 ADDRESS: 915 Merchant Street, Redding CA 96002 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 530-243-4036 DATE AGREEMENT PREPARED: June 1, 2015 FAX: 530-243-4396 BEGINNING DATE: June 2, 2015 COMPLETION DATE: June 30, 2016 COMPENSATION: Lump Sum not to exceed $13,263.80 GOODS AND SERVICES TO BE PROVIDED: per attached exhibit C ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and 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 prima City of Ashland Contract. 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. 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 27913.220, 27913.225, 27913.230, 27913.235, 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 $20,142.20 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 the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor 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. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established b City under an of the following Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 5 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. 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, 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.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, 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 QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor 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. 16. Insurance. Contractor 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. 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. C. 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, includin coverage for owned, hired or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 5 d. 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 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 contractor's insurance is primary and non-contributory. 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 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 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: City of Ashland By By Signature Department Head QF Z R &R21-,:V \"V,\ : _y, ' tom- / ~L _ Cr- 6 f r Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 5 AUTOMATED VALVE SERVIC Fax:530-472-3580 Jun 22 2015 08:30am P003/004 d. Notice of can _ Ilation or chance. There shall be no cancellation, materlal change, reduction of limps 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 Insurad/Certftc-gtes o 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 contractors insurance Is primary and non-contrlbutory. 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 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 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. Cortlflcatlon. Contractor shall sign the certification attached hereto as Exhibit A an herein incorporated by reference. Contractor: City of Ashland By By Signature Department Head SOP ae CA/ Print Name Print Name .S- Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. 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. X Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B 'City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the trial Consumer Price Index) _ . - . , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits tot the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 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, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 5 ► / di.F - Estimate Date Estimate # AUTOMATED VALVE SERVICES INC. 5/5/2015 1253 915 MERCHANT ST. #6 REDDING, CA. 96002 Name / Address CITY OF ASHLAND 20 E MAIN ST ASHLAND, OR 97520 Rep Delivery FOB CAB VARIABLE SHIP POINTS Part Number Description Qty Rate Total ACTUATOR EIM CONTROLS M2CP ELECTRIC ACTUATOR 1 7,584.00 7,584.OOT MODEL R51-6-6.115 VAC SINGLE PHASE, 3 PUSHBUTTON (OPEN STOP CLOSE), 2 LIGHTS, 3 POSITION SELECTOR SWITCH, 60 SECOND OP TIME, 1384 FT LBS P/O TORQUE, MODULATING VIA 4-20mA WITH THE DIGITAL FUTRONIC II CONTROLLER. TO BE MOUNTED TO A HENRY PRATT 18" BFV, AND TESTED ELECTRICALLY IN OUR FACILITY. THIS PRICE GOOD FOR 1-2 WEEK DELIVERY. SAVE 10% FOR 3-4 WEEK DELIVERY. VALVE IIENRY PRATT 18" BUTTERFLY VALVE, 150PSI, 1 3,304.80 3,304.80T FLANGE x FLANGE, EPOXY COATED INSIDE AND OUT. VALVE IN STOCK NOW BUT SUBJECT TO PRIOR SALE. LABOR LABOR TO REMOVE OLD VALVE, INSTALL NEW, 25 95.00 2,375.00 RUN NEW FLEX CONDUIT, LAND WIRES, AND ELECTRICALLY TEST ACTUATOR. Subtotal $13.263.80 !",stimatc does not include shipping charges and is good for a period of 30 days. Sales Tax (0.0%) $0.00 Total $13,263.80 0ME 0612312015 11:34 N Only TAX)530 244 7422 P.0011003 ■ i 1 a GATE (MMIDDNYYY) ° CERTIFICATE OF LIABILITY INSURANCE 6/22/2015 ■ 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 NAMEACT Renee Sarti S F I Insurance Services PHONE , (530)244-7446 FAX (530)242-0105 1524 Market Street 20DAREss: INSURERS AFFORDING COVERAGE NAIC # Redding CA 96001 INSURERA.-Atain Specialty Ins Co INSURED iNsuRr=RB;T±tan Indemnity Company Automated Valve Services, Inc. INSURER C:Evanston Insurance Co 915 Merchant Street, #6 INSURERD:State Compensation Ins. Fund 5076 Redding, CA 96002 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER:CL13101800253 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A - POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER IMMIDDA-fYYV MM1DDNYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A A ET RENTED 100 000 X COMMERCIAL GENERAL LIABILITY EWSES Ea occurrence $ A CLAIMS-MADE FOOCCUR X IP170435 0/21/2013 10/21/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1,000,000 X POLICY JPE"COT- F-1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 000 000 Ea accident $ ANY AUTO BODILY INJURY (Per person) S ALL OWNED X SCHEDULED 417210 9/9/2013 9/9/2014 BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident Medical a rents $ 5 000 UMBRELLALIAB OCCUR EACH OCCURRENCE S 4,000,000 C X EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 4,000,000 DED RETENTIONS OBW4786013 10/21/2013 0/21/2014 $ D WORKERS COMPENSATION R WC STATU- OT"- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? F--1 N I A (Mandatory In NH) 968209-2013 /27/2013 /27/2014 E. L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under E.L. DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, If more space Is required) THE CITY OF ASHLAND, AND ITS ELECTED OFFICIALS, OFFICERS, ADM EMPLOYEES ARE LISTED AS ADDITIONAL INSUREDS AS PER THE ATTACHED FORM CERTIFICATE HOLDER CANCELLATION (541) 488-5311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THE CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE Joe Gibson/RENEE a ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).UI The ACORD name and logo are registered marks of ACORD 0612312015 11:34 6% Only (FAX)530 244 7422 P.0021003 i CIP236034 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these ad- include as an additional insured any person or or- ditional insureds, the following additional exclu- ganization for whom you are performing opera- sions apply: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1 "Bodily injury "property damage" or "personal that such person or organization be added as an and advertising injury" arising out of the ren- additional insured on your policy. Such person or Bering of, or the failure arising render, any the es- pro organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop draw- - 2. The acts or omissions of those acting on your ingdesrs, , opichaniongnes, orders reports, or surveys, firawingseld orand behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such additional This exclusion applies even if the claims against insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "prop- 2. Will not be broader than that which you are re- erty damage", or the offense which caused the forsu by the contract redagreementto provide "personal and advertising injury", involved the ren- dering of or the failure to render any professional A person's or organization's status as an addi- architectural, engineering or surveying services. tional insured under this endorsement ends when your operations for that additional insured are completed. CG 20 33 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 0612312015 11:35 M Only TAX)530 244 7422 P.0031003 CIP236034 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to Sec- a. All work, including materials, parts or tion III - Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional in- such work, on the project (other than serv- sured is the amount of insurance: ice, maintenance or repairs) to be per- 1. Required by the contract or agreement you formed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2. Available under the applicable Limits of Insur- b. That portion of "your work" out of which ance shown in the Declarations; the injury or damage arises has been put to its intended use by any person or or- whichever is less. ganization other than another contractor This endorsement shall not increase the applicable or subcontractor engaged in performing Limits of Insurance shown in the Declarations. operations for a principal as a part of the same project. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG 20 33 04 13 Pagel / 1 CITY OF _ . ASHLAND DATE PO NUMBER -::g PrAl4mal 20 E MAIN ST. 6/30/2015 12935 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 015489 SHIP TO: Ashland Public Works AUTOMATED VALVE SERVICES INC (541) 488-5587 915 MERCHANT ST #6 51 WINBURN WAY REDDING, CA 96002 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. N:).: Terms: Net Dept.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price EIM Actuator, 18" Butterfly Valve and 13,263.80 Installation Contract for Goods and Services Beqinninq date: June 2, 2015 Completion date: June 30, 2016 SUBTOTAL 13 263.80 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 13,263.80 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 E 201201.999 13 263.80 F-- enature VENDOR COPY Aiffiorize4eSR r C FORM#3 f ITY OF ASHLAND REQUISITION Date of request: I d~ c'Required date for delivery:'' 9 Vendor Name e~~Nlc Address, City, State, Zip ( rprKICWO) 15 _,Rez~,_T , Prj}f) Il%~ GA Contact Name & Telephone Number Fax Number 15301243- 43cf'JL 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 (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ES Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached JXL Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES F1 Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: -(Date) I Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 7 _"5 TOTAL COST Per attached quotelproposal P ~.U'# lobs 3 $ Project Number-' , _ Account Number 1312 63, A) L 2', -l--6b- Q) Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/No By signing this requisition form, II certify that the City's public contracting requirements have been satisfied. Employee: i'~u \3ljt~ Department Head: _ (Equa to or greater than $5,000) Department Manager/Supervisor U City Administrator: J (Equal to or greater than $25,000) Funds appropriated for current fiscal year. S / NO r- (Equal to org ter than $5,000) Date Finance irecto Comments: ~ Form #3 - Requisition CITY OF ASHLAND FORM #4 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: 3-23-2015 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than 55,000, 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 lvilh Automated Valve Services, Inc. (A VS), to provide and install a throttling valve for project number 2012-01. The work requires a specially contractor knotivledgable in procni-enient and installation of an trnusrtal ivq/er valve not typically stocked locally. It also inchtdes replacing and connecting a proprietary brand of electronic valve activator rued throit hortt the 1vater system. A IBS is the nearest F-111 Controls Factory Representative and ,Service Center for tale 11E7e of ctctnator. The services are expected to he provided in FF201 Sand FY2016 tivith a not to exceed budget amount of , 13,263.80. 100% are to be paid out of the Water Snpp/v bardgel. 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? The City ofAshland Engineering Division does not have the adequate stuff time or appropria/e resources to provide the scope of service contemplated under this contract. In addilion, no other Depar7ment in the City has the resources or technical knowledge to complete the lvork associated ivith this personal services conlracl. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 6/29/2015 CITY OF FORM #5 -A5 H LAN D SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: ,Vfike Fought, Public Works Director From: Pieter Srneenk, Public 6I/0rks Engineer Date: June 1. 2015 Re: Sole Source Determination and Written Findings for Goods and Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: 513.263.80 Project name: TID Purnp Station Upgrades Description of goods and services: 18" Wafer Control Gahv frith electronic actuator replacement and installation Background: The Deparmieni of Public Works proposes to contract ivith Automated I aloe Services, Inc. (._l G'S), to replace an existing throttling valve that is failing for project number 2012-01 by June of 29, 2015. The 1vork requires a specialty' contractor knolrledgeable in procurement (11761 i17Stallati017 ql'a large irafei• calves not Typically stocked locally. 11 also includes replacement and connection of (1 proprlelaiy CIC'CV0171C 1'(111'C tklivatOr 11Sed CxCl11S11'el~1' In the pity's treater S_VStem SC '-I DA. A ['S is the RI_LI Controls Foclory Representative and Service Center for 61~ashing1017. Oregon, acid Northern California. The services are expected to he provided in 1,) 2015and F3'2016 frith a not to exceed budget (1rnOUn1 of 513,263.80. 100% ai•e to be paid oiti ol'the Walei• Supply budget. The valre to he supplied is shoivii on the aitached specification sheets Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 611/2015 Findings: Market Research Overall finding: ~11arket research conducted rasing the internet dernons'lrate.s there is only one source that can provide the level of.service requested within the time frame needed. A IS is located in Redding, CA, and research on the internet and by phone indicates that the next closest F.II1I factor y~ service centers are in Bothell l~W'.4 and Las L'egcts AT. Since the pur-chase includes installation and corrnnissioning of the valve, it is snore economical to choose the nearest factory rep/service Center. Service and support of the cgWpment is also expected to be more economical in the long r'rtn if provided by the nearest service center. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. ELVI actaalors are used throughout the city's SCADA system and ELI has a proven historw of reliability and serwicecrbility for actuator. The salve mrtst fit the existing installation, which is very constrained(.see attached photo), and >Vas chosen on that basis cf what fits best. Pursuant to ORS 279B.075 (2) (d): Any other findings that support the conclusion that the goods or services are available from only one source. AL S is the only sitpplier that has indicated then can install the product in the tirnefr•arne requested if issued a purchase order before the actuator and valve stock are sold to another buyer. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 6/1/2015