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HomeMy WebLinkAbout2015-222 Contract - Engineered Monitoring Services Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Engineered Monitoring Solutions -,S H LAND CONTACT: Barry Myers 20 East Main Street Ashland, Oregon 97520 ADDRESS: 617 North Main Street, Newberg, OR 97132 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503-537-0900 DATE AGREEMENT PREPARED: Jul 14, 2015 FAX: 503-537-0909 BEGINNING DATE: 07/20/2015 COMPLETION DATE: 11/30/2015 COMPENSATION: Not To Exceed $22,069 SERVICES TO BE PROVIDED: Improvements to existing Hosler Dam Failure Warning System, per Exhibit C. 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 t 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 $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. /✓G~GE-vim ~CTS~ O~ E~?~2 S OR o~/5S/aL~S 9. Indemnification: Consultant agrees to defend, ind/nify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, ex enses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in d$pth), 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 06/02/2015, 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: L 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. i 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 ' bilit insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,00 , $?;888;998 or Not Applicable for each claim, incident or occurrence. This is to 1 cover damages caused y 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, $2,000,00 0 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 06/02/2015, Page 2 of 5 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the j last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow i City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference., Consultant: City of Ashland By By 72 Signature,*" Department Head Y ,''z YtS Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with i') the signed contract. Purchase Order No. _ Z - APP AS TO FORM -pity ttorney Da =(Q-7 31 Contract for Personal Services, Revised 06/02/2015, 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 IR (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. Contrac or (Date) Contract for Personal Services, Revised 06/02/2015, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAG per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) • - portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ~ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more, If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department, details on applicability of this month if the employee spends policy, please see Ashland emporloyee's more of time in the that month A In calculating the living wage, Municipal Code Section employee's employers may add the value 3.12.020, working on a project or of health care, retirement, additional For Gall 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 Q F ASHLAND Contract for Personal Services, Revised 06/02/2015, Page 5 of 5 EXHIBIT C Engineered Monitoring Solutions 617 N. Main Street Newberg, OR 97132 503-537-0900 ph 503-537-0909 fax July 10, 2015 5004.11 City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 Attn: Mr. Pieter Smeenk, P.E. Re: Hosler Dam Failure Warning System 2015 System Improvements Dear Pieter: We are pleased to submit this proposal to provide assistance to the City in implementing improvements to the existing Hosler Dam Failure Warning System. These improvements include providing for remote activation of the sirens using a telephone, evaluating the feasibility of providing battery backup for the two cameras at the dam, providing a real-time web interface for the data acquisition unit at the dam, providing remote access to the seismic recorders at the dam, and preparing an electronic (PDF) version of the system Operations and Maintenance Manual. SCOPE OF SERVICES To accomplish these system improvements, we propose to perform the following tasks. • Remote activation of the sirens by telephone will be accomplished by upgrading the existing SS2000D siren controller located at the fire station with an SS-Remote peripheral from Federal Signal Corporation. The SS-Remote includes 20 input channels that are configured to activate the siren control functions when a relay closure is detected. A Model 300RC from Federal Signal Corporation will be used to provide for remote activation using a touch tone phone to close the desired relay contact and provide the activation signal to the SS-Remote. We understand that the City will procure the SS- Remote and 300RC directly from Federal Signal Corporation. The second part of this task will be to assist the City in performing functional testing of the remote activation during the regularly scheduled siren testing in October 2015. • We will evaluate the feasibility of providing a battery backup for the video cameras at the dam in the event that 110VAC power is lost. The battery power supply will need to provide power for the two cameras and the network router at the dam. • Using the network connection that is now available at the dam, a web interface will be provided for accessing the data that is being collected by the CR1000 data acquisition unit located at the left abutment. This information will be available to City staff over the internet, and will also be available locally at the dam if the network connection is lost. A Model NL120 network interface will be added to the CR1000 and wiring to connect it to the router. The web interface will be configured using Campbell Scientific's RTMCPRO software and will be hosted on the CR1000. We have assumed that the City will provide the IT support needed to assign a static IP address that is available on the internet for the CR1000. • We understand that the City would like to be able to remotely connect to the two seismic recorders (GSR-16's) at the dam for downloading event data and checking on the status of the units. To accomplish this; we will procure, configure, and install one Model NPort DE-311 Serial Device Server at each GSR-16. The DE-311 will allow for a virtual serial connection with the GSR-16 unit over the internet. The DE-311 will be powered using the same 12VDC supply as the GSR-16. We will install the DE-311 in a plastic NEMA4 enclosure and provide a separate fused power connection for each device. We have assumed that the City will install Cats cable from the network router location on the left abutment to each of the GSR-16 enclosures. We have also assumed that the City will provide the IT support needed to assign a static IP address to each DE-311 that will be accessible to workstations running the GeoDAS software, which is used to communicate with the GSR-16's and download data. • We will combine the contents of the existing Operations and Maintenance Manual for the Hosler Dam Warning System into one electronic document with links to figures, tables, and appendices. The document will be produced in Adobe PDF format and provided on a CD. COMPENSATION We estimate that the total cost for the scope of work outlined above would be $22,069. A breakdown of the estimated labor effort and expenses is presented on the attached Table 1. We propose to perform this work on a time and materials basis in accordance with the same terms and conditions as stated in our Contract for Personal Services Agreement with the City, dated March 18, 2014. 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. Page 2 Proposal 2015 System Improvements. docx SCHEDULE We are in a position to begin work on this project within 1 week after receiving your authorization to proceed. We anticipate that it will require 5 weeks to procure and configure the equipment. We would then proceed with the installation which we have assumed will all be accomplished within the same week. CONCLUDING COMMENTS Acceptance of this proposal and attached documents is indicated by signing and dating in the space provided below and returning one copy of this letter to us. If more than 90 days pass before authorizing the proposed work, we reserve the opportunity to review and modify this proposal where necessary. We look forward to continuing to be of service to you on this project. Should you have any questions regarding this proposal, or if renegotiation of the Scope of Services is considered advisable, we would be pleased to confer with you at your convenience. Very truly yours, Engineered Monitoring Solutions by rte-/ Barry Myers, P.E. President Encl. Table 1 Work Breakdown and Cost Estimate Proposal Acceptance and Authorization to Proceed Printed Name Authorized Signature Date Page 3 Proposal 2075 System fmptovements. ddc d O O 4 O O O b O O 0W P o a e e 0 0 0 0 0 .n c~ En d G 8 (D t' O O m M <f Cl O O N N ~ r N eA N C N7 M M V N a u9 N 1A fA VT 6R tH IR 4q o. m 3 J Q. Wx l9 O a P b O b O O O O 0 a 0 0 0 O O O O O O O O O Vi O tD O O O O Od F O O O w O O O O cd O 6 O P fl. iA VT 1R a1 to Ef! Vi 0 0 W w w M r to a to N W `m a 0 4D ~ O d Q) (D O O O J y O {7 D7 TS V 0 O O G .r W i° Mk3Y G O m z r es ur v, U ~ E s~ n a 0 uxcn 0W CL r 4 O O r r 4 0 a 0 D O ro LLJ p O E o U U c w 7 4 N V'~ c0 o O O O O b O t~T7 r'( W J Q 6 O O O O v O N L C) a 001 M a N ~ M M ~ N M N = to N W 69 W N to V Q O O N O O to (D 0 c N co -O N N O g ~z ~ y t~ N N W F ~ E p M~ 4 U ~ o 0 z } ¢ z Un 0 0 3: 1 (D W fa ¢ O U Qn _ W 0 0 Y O O O co f., to CS! W J ~i ¢ ^ m N N t8 (D o7 N ~ ~ E- GC y cn a a> ~ E o ,D ~ E t m N H r R ti V- O U U _ ¢ O C N w 11 z m o E D ~0 a ¢ y Lr N L C to ° y c m 0. S IL c v o is > _v O m i U N 3 O N = t O. O .0 U C :R CL E m oS v U o m O m iL m m m U 4 y CA c ° E c m c w v o O m o w t o m a ti y v v a ~ Z~ ~vav to ¢ E a o o o ¢ m' N M •f v a o> E E a a a m o o m m o yu1 H N m N m o a f- U U W it W r0 - F m F a to O Werra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 INSURANCE COMPANY CERTIFICATE OF INSURANCE DATE 01/01/15 NAME AND ADDRESS OF INSURED Engineered Monitoring Solutions (EMS) 617 N. Main Street Newberg, OR 97132 This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 215187 01/01/15 12/31/15 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION No Project Specified CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: City of Ashland TERRA INSURANCE COMPANY Attn: Rob Morris (A Risk Retention Group) 20 East Main Street Ashland, OR 97250 President DATE (MMIDDYYYY) d CCA ® CERTIFICATE OF LIABILITY INSURANCE 12/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 NCONTAC AME: Slater&ASSOGateS Insurance Mid Valley General Agency LLC PHON No at : 503.624.0466 ac No : 503.624.0846 EWAIL 4305 River Road N. ADDRESS: dee@slaterinsurance.com INSURERIS) AFFORDING COVERAGE NAIC a Keizer OR 97303 INSURERA: Scottsdale Insurance Company 41297 INSURED INSURER B : Engineered Monitoring Solutions LLC INSURER C : 617 N Main St INSURER D : INSURER E : Newberg OR 97132 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. S P LIMITS LTR TYPE OF INSURANCE INSR p POLICY NUMBER MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES a occurrence) $ 100,000 CLAIMS-MADE I ^I OCCUR MED EXP (Mn one person) $ 5,000 A Y CPS2103867 12103/2014 12/0312015 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 4Ea ccidentL ANYAUTO BODILY INJURY (Per Person) $ ALL OWNED P SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident E UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE S DED RETENTION E $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N ANY OFFICEOPRIETERIPARTN RIE ECUTIVE FN~ N/A E.L. EACH ACCIDENT $ EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -P000Y LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Ashland is Included as additional insured per GLS-150s (07/06). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main St ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ashland OR 97520 /J ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ACORIDI, o, (MMlDD/YY YY) CERTIFICATE OF LIABILITY INURANCB 12,2/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cortificato holdor Is an ADDITIONAL INSURED, the poiicy(los) muzit bo ondorsod, If SUBROGATION IS WAIVED, subject t0 tho tormo and conditions of tho policy, curt tin policies may roquiro an andomomont. A atatomont on this cortlficato dooM not confor right- to tho cortificato holdor In Ilou of such ondomomont a). PRODUCER NC NT AME ;_L?L~,NIELE DUES-_ . .I Q BOX 1059 $pIVICOS PHONE PAX (A1c,.ND.CBtLBf P '..MAL Anacortes WA 98221 ~oeriC~s;l A snol.com _ INSURER(.".) ant10RAING COVE14AGC I NAIL u INSU)41:ld A ,Westorn-NalinnlLAssuranc(-, _ 6S INSUrtcD ENGIN-1 IN wu`RR' - ENGINEERED MONITORING IN,URCRC. SOLUTIONS, LI-C 617 N Main St. INrW1CRD: Newberg OR 97132 ~N3URCR C INSURER F COVERAGES CERTIFICATE NUMBER: 534152192 REVISION NUMBER: THIS IS TO CERTIFY THA'r "1 'HE POLICIES OF INSURANCE LISTED ULLOW HAVE BELN 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 THIC TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INaRJJ._......_..._ ADDLCUOR _ T I LL POLICY F. I- t~OIICY L%tr TYPE OF INSURANCE POLICY NUM13t'n MMr UryYYY I~MM1 nlvr. I T UM1T;, GENE ALLIABIUTY FICH()CCURRENCE i.., COMMCRCf SL OLNILRAL LIABILITY O"IdwL'TGr Ci71 Kp _ L'I'LMI;±C.`;iFn+!G!;1~C^tl:n)_ ; CLAIMG•MADC 1,71 OCCUR MCD EXP (My onn Porbor l ( 3 PLI+SONAL a ADV INJURY - GFJJLRAL AGGRCGATF ; OLN'L AGGRCGATI MIT APPLICM PER PRODUCT S ~ COMPIOP CQ POLICY I l LOC A AUTOMOBILE LIABILITY CPP100443705 12CJY 01 1 :131201; _jj;n n..M.nfl ;1,0DD,000 -1 11 1 ANY AUTO UODILY INJURY (Pnr Pnnon_l y ALL OWNED SCHEDULED AUTOS AUTOS UODILY INJURY (Por acbdanl) S lX-- NON~OW'NCD b11RFtY ALIT DS x` I,lwr LieTY AUTOS (r nr aCC(L1.m;0 jj UMBRELLA LIAU OCCUR 'ACH OCCURRFNCL 5 EXCESS LIAR CLAIM ,4AA0L AOGRCGATC ❑rD Nt'TI`.NTION: WORKERS COMPCNYATION Vv'- lAI I1" 0111 AND EMPLOYER LIABILITY l OH7.LIId. ! [H ANY PROPRII: I0R1PARTNCRlCXI-CUTIVI, YIN OrrICCRrtii. imam EXCLUDCD- L N I A C_L I.C. ACCIDChiT ; (Mangalory In NH) i_.L. DISEASE • 17A nYI-J _ II Ynn, ganGgbo Lndar + I)f-:.i'NIPTION or OP('RAI Inw; hnlMV I I. r11!_:L;.1:;E PDLICY I.I" IT i~ DE5GRIRTION OF OPEHATION3I LOCATIONS 1 VCHICLCS (ARtCh ACORD 101, Addklonal Itanlarko SChadula, Ir morn space In requlrad) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THC ABOVE DESCRIBED POLICIES BE CANCCLLED BEFORC CITY OF ASHLAND THE CXPIRATION DATE THEREOF, NOTICE WILL BE Dt LIVERED IN ACCORDANCE WITH THC POLICY PROVISIONS. PUBLIC WORKS 20 EAST MAIN STREET ASHLAND OR 97520 AUTHDRt~CDRCPRCStNTATIVC V 1988-2010 ACORD CORPORATION. All rights, reserved, ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1 I DATE(MWDD/YYYY) ACC)R° CERTIFICATE OF LIABILITY INSURANCE 12/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Dee Hughes NAME: Slater & Associates Insurance, Inc PHONE . (503) 624-0466 FAX. (503) 624-0846 tAIC PO Box 1469 EMAIL .dee@slaterinsurance.com Tualatin, OR 97062-1469 INSURERS AFFORDING COVERAGE NAIC# INSURER A :SAIF Co 36196 INSURED INSURER B : Engineered Monitoring Solutions LLC; INSURER C: 617 N Main St INSURER D: Newberg, OR 97132 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD L POLICY EFF POUCY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER IMMIODIY-YYYI D YYY GENERAL LIABILITY EACH OCCURRENCE $ RENTED D)qM-GE TO COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE D OCCUR MED EXP An one person) S PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO LOC $ POLICY F-] jECT COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS P AUTOS NON-OWNED PROPERTY DAMAGE $ Per accident UMBRELIA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ 1 J A WORKERS COMPENSATION X WC STATUS OTN-LIMITS I I FR AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L. EACH ACCIDENT $ l 000,000 OFFICER/MEMBER EXCLUDED? 958900 2/1/2014 2/1/2015 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION (541) 488-5320 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 Attn: Rob Morris 20 E Main St AUTHORIZED REPRESENTATIVE Ashland, OR 97520 I~ Dee Hughes/DMH ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).O1 The ACORD name and logo are registered marks of ACORD - Page 1 / 1 CITY OF ASHLAND DATE FPO NUMBER 20 E MAIN ST. 8/14/2015 13067 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 009478 SHIP TO: Ashland Public Works ENGINEERED MONITORING SOLUTION, LLC (541) 488-5587 617 N MAIN ST 51 WINBURN WAY NEWBERG, OR 97132 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirmin!I? No Quantity Unit Description Unit Price Ext. Price Remote siren activation and 22,069.00 communication upqrade for Hosler Dam Failure Warninq System, per attached Exhibit C. Contract for Personal Services Beqinninq date: 07/20/2015 Completion date: 11/30/2015 t i SUBTOTAL 22 069.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 22,069.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.60410 22,069.00 i Auth zecl signature ureturet VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 7/30/2015 Required date for delivery: ASAP Vendor Name Engineered Monitoring Solutions Address, City, State, Zip 617 North Main Street, Newberg, OR 97132 Contact Name & Telephone Number Barry Myers, P.E., (503) 537-0900 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ 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 - (Attach copy of council communication) Description of SERVICES Total Cost Remote siren activation and communication upgrade for Hosler Dam Failure Warning System, per attached quote Exhibit C. Not to Exceed $22,069.00 Item # Quantity Unit Description of MATERIALS Unit Prick Total Cost r Z (Cwp , 03- 1 S~ t ~ TOTAL COST ®e Per attac d quotelproposal $ Project Nu ber 0 15 _ _'2 5 Account mber 6708 4200 AccountN ber Acco ntNumber `Expenditure must be charged to the appropriate account numb res for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to ap rove all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition `form, I certify that the City's blic contracting requirements have been satisfied. Employee: Department Head: :M'" C-1- (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater th//an $25,000) Funds appropriated for current fiscal yNO K//7 / Finance Director- (Equal to orgreat han $5,000) Date Comments: 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 Faught, Public Works Director Date: July 30, 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 575,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to install and troubleshoot several emergency warning system improvements found to be needed during the FERC-mandated "Full Functional Exercise" held in April of 2015. EMS will install improvements that include adding the ability to remotely activate evacuation sirens via telephone and upgrading the emergency power back-up for the sensors and cameras at the dam. The estimated cost for EMS to test, calibrate and install the equipment is $22,069. The work is intended to be completed in the 2015-16 budget year. EMS has the necessary equipment at their location, and is prepared to begin testing and calibration upon execution of the proposed contract. Installation is expected to occur within six months of contract execution. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Engineered Monitoring Solutions has intimate knowledge of our dam security and telemetry system, and would provide the most efficient and expedient service in completing this project. EMS has recommended that we upgrade the existing Federal Signal S200D units with SS Remote equipment to allow for future system expansion if other monitoring around the dam is desired. This contract is for the set-up, calibration, testing and installation of the warning system equipment only. The equipment will be purchased by the City directly. The City does not have personnel on staff that can provide the services required. G:1pub-wrksleng110-05 FERC Dam Safety Program\ADM1EMS12015-07-30 Form #4 - PNS.doc