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Home My WebLink About2004-113 Contract - Acres International - Holser DamCITY OF -AS H LAN D CONTRACT FOR WORK LESS THAN $25,000 CITY OF ASHLAND 20 East Main Street Ashland OR 97520 Telephone: (541) 488-5587 Fax: (541) 488-6006 CONTRACTOR: ACRES INTERNATIONAL ROBIN CHARLWOOD Address: 150 NICKERSON STREE'~F STE 310 SEATTLE WA 98109 Telephone: 206~352-5730 Fax: 352-5734 DATE OF AGREEMENT: MAY 12, 2004 BEGINNING DATE FOR WORK: MAY 12, 2004 COMPENSATION: NTE $9,000.00 COMPLETION DATE: JULY 31, 2004 WORK TO BE PROVIDED: Vulnerability analysis for the water distribution system as per attached Scope of work in email dated May 11, 2004 from Robin Charlwood, Acres Intl to Paula Brown ADDITIONAL TERMS: CITY AND Contractor AGREE: 1 All Costs by Contractor: Contractor shall, at its own risk and expense, perform the 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 all 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 workerlike 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 start performing the work under this contract by the date indicated above and complete the work by the completion date indicated above. 4 Compensation: City shall pay Contractor for work performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00 and City shall not be obligated to pay any sum in excess of $25,000.00 unless a separate written contract is entered into by City. 5 Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6 Statutory Requirements: ORS 279.312, 279.314, 279.316 and 279.320 are made part of this contract. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT~2003\03-27 Water Vulnerability Acres Contract 5 04.doc Living Wage Requirements: If the amount of this contract is $15,713 or more, and Contractor is not paying prevailing wage for the work, Contractor must 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 must post the attached notice predominantly in areas where it will be seen by all employees. 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) ~rty, 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 approximately caused by the negligence of City. Termination: This contract may be terminated by City by giving ten days written notice to Contractor and may be terminated by Contractor should City fail substantially to perform its obligations through no fault of Contractor. 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. Contractor shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract and prior to commencing any work, Contractor shall provide City with adequate proof of workers' compensation coverage. Contractor is a subject employer that will comply with ORS 656.017. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Finance Department prior to the commencement of any work by Contractor under this agreement. These certificates shall ,contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'152003\03-27 Water Vulnerability Acres Contract 5 04.doc 2 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. BY ~/, Fed. ID # CITY BY . REVEIWED AS TO CONTENT Date: REVIEWED AS TO FORM Date: Coding: City Legal Counsel (for City use only) CITY OF ASHLAND WORK CONTRACT<S25,000 (contract for work form 10-02,2. doc) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT12003\03-27 Water Vulnerability Acres Contract 5 04.doc ~oddnsoes Dawn Lamb - Fwd: Security Assessment Proposal Page 1 From: To: Date: Subject: Paula Brown Dawn Lamb 5/11/2004 4:51:02 PM Fwd: Security Assessment Proposal title - Vulnerability Analysis - Water Distributin System not to exceed - $9000 Acres Internatinal thanks >>> <RCharlwood@cs.com> 5/11/04 12:48:09 PM >>> Paula Please see the proposal from Lane and Ben Beste below and attached spreadsheet. Lane is chomping at the bit, ready to travel first thing tomorrow morning to meet your schedule if ok with you. So if this budget and scope is ok could you please reply to all of us asap? Thanks Robin Hello Paula, Thank you for the opportunity to provide a proposal for services in your requirement to perform vulnerability and security assessments of your water supply system. We would offer to perform the work in a similar fashion as in the previous studies performed by Acres for City of Ashland. The proposed scope of work will include: A visit by Lane McNitt to review the water system assets including: 4 reservoirs 3 pump stations water treatment plant the systems large regulating and control valves SCADA system Analysis and reports from Acres that will include: Vulnerability Assessment performed using Acres VA tool Reservoirs Pump Stations Water Treatment Plant Lines and Valves SCADA Security Assessment Report including APPA Checklist Security Plan The tentative schedule for the work would be: Lane will travel to Ashland on Wednesday (5/12/4), flying to Medford and driving from there. He will coordinate his travel plans with you (541-552-2411) and Mike Morrison (541-552-2325). Acres will arrange for the flight, rental car and room for Lane to stay overnight in Ashland. Lane will visit system sites on Wednesday, review the same on Wednesday night, on Thursday Lane will visit the balance of the sites, and meet with local and federal authorities. Lane will return to Seattle on Thursday and complete his investigation with telephone interviews as necessary. Lane will write a preliminary report on his findings and recommendations and will forward this information to me. I will study his report and collaborate with Lane and perform a balance of the analysis and write the final reports. Similar to the security reports previously issued to Ashland the new report will identify threat groups, establish a Design Basis Threat (DBT) and evaluate your systems security level based on existing and upgraded system capabilities. I have discussed this work scope with Lane McNitt and Robin Charlwood we believe that we can perform the work for a fee not to exceed $9,000.00. Sincerely, Benjamin F. Beste, P.E. Mech. Engr. Consultant Acres International 150 Nickerson Street, Suite 310 Seattle, Washington 98109 USA 206-352-5730 fax 206-352-5734 bbeste@acres.com PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MORRIS & MACKENZIE INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2 Sheppard Ave. East ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 20th Floor COMPANIES AFFORDING COVERAGE Toronto, ON M2N 5Y7 C0MPANYLIBERTY MUTUAL INSURANCE CO. JME A INSURED COMPANY Acres International Corporation S 150 Nickerson Street, Suite 310 COMPANY Seattle, WA 98109 c COMPANY 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. __ co TYPE OF ,NSU.ANCE POL,CY NUMBER POL, CY E.FECT,VE POL,CY EXP,.^T,ON L, MITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ A X COMMERCIAL GENERAL LIABILITY KE1B71020592023CGL 5/15/04 8/31/04 PRODUCTS-COMP/OPAGG 81, 000, 000 I CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $'LI 0 0 0d 0 0 0 X OWNER'S b CONTRACTOR'S PROT EACH OCCURRENCE $~ I 0 0 0 I 0 0 0 X NonOwnedAuto FIRE DAMAGE (Any one fire) $~L ! 000 ! 000 X Cross Liab. MED EXP (Any one person) $ 51000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSAT.O. AND ToRyWC STATU-L,M,T_S ~- EMPLOYERS' LIABILITY EL EACH ACCIDEN" THE PROPRIETOR/ [-~ INCL EL DISEASE - POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE$ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS Vulnerability Analyis for the Water Distribution System PLEASE SEE THE ATTACHMENT City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Public Works EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 2 0 East Main Street 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Ashland, OR BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 9 7 5 2 0 OF ANY KIND UPON THE ,.C~PA~N.~, ~ I.~ .,.~.,(~I~,.I~;r.~,.(~REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~Vl.~[~ ~ ~¥i~r~I:~,.HC Johanna Berry ...................................................................... ~E~ .... :~'.~ ~'~;~~ !i::':i ............ ~'""::!:~'"':i:i:~!:!":i~i~ i !:!:!!i iii!! !!i iii: !!!!h::: !ii ..... !! .................................................................... ~ ....... ~:~:::: :i:i:~:: :~: :!:i:i:~:?i:~:i:!:!:!:i:i:i:i:J:i:i:i:i:i i:~:i:i:!:!:!!~:i:i:i ................ · .......... ?'=':_':':2" '_" ~ ; ........ ~[~: ~:~!~ ..... CERTIFICATE HOLDER City of Ashland Public Works 20 East Main Street Ashland, OR 97520 INSURED: Acres International Corporation 150 Nickerson Street, Suite 310 Seattle, WA 98109 CERTIFICATE MASTER NO 16549 The City of Ashland, its officers, employees and agents are added as Additional Insureds, but only with respect to liability arising out of the operations of the Named Insured. Please Note: Professional Liability is excluded under the Commercial General Liability policies. CITY OF ASHLAND 2o E MAIN ST. ASHLAND,, OR 97520 (541 ) 488-5300 CITY RECORDER'S COPY DATE 6;22/~004 Page 1 / 1 05164 VENDOR: 006911 ACRES INTERNATIONAL 150 NICKETSON STREET SUITE 310 SEATTLE, WA 98020 SHIP TO: Ashland Public Works (541 ) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No Vu!nerabil ty study of. Hosler Dam. and ...... 9,000.00 Ashland Exempt Completion date: July 31,2004 : ::: :.: ;:.: ::.::: SLIBTOTAL 9,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 9,000.00 ASHLAND, OR 97520 E 670.08.18.00.604130 9,000.00 Authorized Signature VENDOR COPY CiTY OF -AS H LAN D NOTICE OF TRANSMITTAL TO: KARl OLSON PURCHASING DATE: PROJECT: JOB NO.: SUBJECT: JUNE 18, 2004 WATER SYSTEM 03-27 CONTRACT DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Attached please find one original of the contract for the Vulnerability Assessment for the City of Ashland Water Distribution System, insurance certificates and the requisition for the project. Please process a purchase order at your earliest opportunity. ENCLOSED UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Public ~Works By: Dawn Lam~': f~"t Title: Administratife 'fssistant t PUBLIC WORKS Tel: 541488-5587 20 E. Main Street Fax: 541488-6006 Ashland, Oregon 97520 TrY: 800-735-2900 www.ashland.or, us G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'h2003\03-27 Water Vulnerability Acres Contract IH NOT 6 04.doc REQUISITION Department Public Works Vendor ACRES INTERNATIONAL 150 NICERKSON ST STE 310 SEATTLE WA 98109 Account No. 670.08.18.00.604130 CITY OF -ASHLAND Date June 18, 2004 No. PW -FY2004 Requested Delivery Date ASAP Deliver To PAULA BROWN Via (* Note: Please allow approximately two(2) weeks for delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Vulnerability study for Hosler Dam and the water distribution system for Ashland TOTAL $ 9,000.00 for Kari: BID /RFP / EXEMPT: exempt Contract Start Date: May 12, 2004 Contract Completion Date: July 31. 2004 Insurance on file: I YES I NO Project No: 03.27 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted · Department Head Aulhorized Person or Issued By Date Received By