4 Resources Key Contacts

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1 4 Resources Key Contacts Key Contacts Designated Inspection Staff Emergency Inspection Personnel List of Dam Engineers State & Corps of Engineers Contacts List of Area Contractors Excavation Tree Service Gravel & Rip Rap Suppliers Asphalt & Concrete Agreements City of Silverton Memorandum of Understanding Exhibit A Rates Sample Emergency Agreement Sample Letter to Contractors Intergovernmental Agreements Marion County Agreement for Maintenance & Engineering Services Cooperative Assistance Agreements ODOT Oregon Public Works Emergency Response Guidelines for using the Emergency Cooperative Assistance Agreement 4-1

2 SILVER CREEK DAM EAP EMERGENCY INSPECTION PERSONNEL Date: March 25, 2010 The following personnel are trained to make assessments of severity of any abnormalities related to the integrity of the Silver Creek Dam: 1. John Cramer, Senior Engineer Office Andy Peters, Maintenance Division Supervisor Office , Work Cell Rob Charles, Public Works Director Office , Work Cell

3 Resources: Dam Engineers Company Contact Phone Address CH2M Hill NW Walnut Blvd Corvallis, Or HDR Engineers SW 5 th Ave, Suite 1800 Portland, OR Resources: State of Oregon & US Army Corps of Engineers Agency Contact Phone Address Dam Safety Technical Services Division Oregon Water Resources Dept. E. George Robison Summer Street NE, Suite A Salem, OR US Army Corps of Engineers US Army Corps of Engineers Joe Russell Costas Zogas Rich Gebhart Timothy S. Kuhn, Project Engineer Silver Creek Reservoir Warning System Emergency Management: PO Box 2946 Portland, OR PO Box 2946 Portland, OR

4 Resources: Excavating Memorandum of Understanding sent 10/29/09 Company Contact Phone Address Zollinger Excavating Inc. Todd Zollinger Emery & Sons Kerr Construction K & E Excavating Stadeli Underground Inc. Hansen Utilities Inc. dba Oregon Sewer & Drain Gelco Construction Erv Stadeli Tim Hansen Anderson Dr. Silverton, OR PO Box Fairview Industrial Dr SE Salem, OR Shenandoah Lane NE Woodburn, OR Langley St SE Salem, OR PO Box 355 Silverton, OR PO Box 1248 Silverton, OR Salem Industrial Dr. NE Salem, OR Agreement Signed 11/07/09 11/15/09 11/15/09 11/17/09 Resources: Tree Services Memorandum of Understanding sent 10/29/09 Company Contact Phone Address RD Tree Service Jorge Greer Bros. Inc Abiqua Stump Grinding PO Box Keizer, OR Lardon Rd NE Salem, OR Midway Ave NE Salem, OR Agreement Signed 12/10/09 03/01/10 4-4

5 Resources: Gravel & Rip Rap Supplies Memorandum of Understanding sent 10/29/09 Company Contact Phone Address Silverton Sand & Gravel Dennis Maulding Construction dba Davis Creek Rock Rinker Materials Terra Gardens E Main Street Silverton, OR PO Box Powers Creek Loop Rd NE Silverton, OR McGilchrist St SE Salem, OR Cordon Rd NE Salem, OR Agreement Signed Resources: Asphalt & Concrete Memorandum of Understanding sent 10/29/09 Company Contact Phone Address North Santiam Paving Co. Salem Road & Driveway Co James Kerr Knife River Russ Rebo Roy L. Houck Construction Co. Salem Construction Paving Lance Hunt Rick Morgan PO Box 516 Stayton, OR PO Box (97309) 4105 Lancaster Dr. SE Salem, OR Wheatland Rd N Salem, OR nd Ave NE Salem, OR McGilchrist St SE Salem, OR Agreement Signed 11/15/09 4-5

6 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SILVERTON AND (Company Name) SUBJECT: Emergency Response Resources and Services 1. Purpose. In the event of a declared emergency at Silver Creek Dam, the owner, City of Silverton, will likely need resources from private contractors to assist with an effective response to prevent or counteract a developing disaster to the community. This agreement will allow expeditious use of the above stated contractor s services and resources to assist City forces. 2. Reference. The City of Silverton is the owner of Silver Creek Dam and as such has authority to declare an emergency and direct a response under SMC Problem. The City of Silverton may not have sufficient internal forces to prevent or counteract all possible threats that may affect Silver Creek Dam. In such a circumstance, the City will likely need outside assistance from certain private contracting firms to reduce a threat to the community. 4. Scope. In preparation of the emergency action plan for the Silver Creek Dam, this agreement will set forth the resources and services that may be available from the undersigned contractor during an emergency and set the expected rates for such resources and services. 5. Understandings. The City of Silverton s Emergency Management Operations Director (EMO), or designee, shall have authority to request and sign for specific resources and services listed in this agreement at the stated rates, as provided by the contractor. The emergency call for service by the EMO may be at any time and during either day or night. The contractor is not obligated in any way to commit to responding to a request for resources or services by this agreement. 6. Agreement. Authorization to mobilize will require separate written agreement specifying the amount and type of equipment, materials and personnel authorized by the EMO. (See attached sample agreement for reference purposes.) The EMO may authorize other contractors to mobilize for similar work should the need arise. In the event work is initiated, either party may terminate work under this agreement at any time with written notice. The Contractor is obligated to demobilize equipment from the work site as soon as practical upon written notice from the EMO to terminate work. 4-6

7 7. Period. This memorandum of understanding will be in affect for up to one year duration from the date of this agreement is signed by both parties and may only be renewed by separate written action. 8. Rates. All rates for resources and services provided herein for personnel shall include all costs and expenses and markups including but not limited to, overtime, vacation, travel, liability insurance, workers compensation insurance and profit. All rates for equipment shall include all equipment operation costs. Mobilization to the site shall be either included in the equipment rate included. Equipment and personnel rates provided by the Contractor for the purpose of this agreement are listed in Exhibit A herein. 9. Termination. Either party may terminate this agreement at any time in writing. 10. Signatures. The City of Silverton Print Company Name By Title Date By Title Date Approved as to Form: October 5, 2009 per R. Rodeman 4-7

8 EXHIBIT A RESOURCES & SERVICES MEMORANDUM OF UNDERSTANDING EMERGENCY RESPONSE FOR CITY OF SILVERTON NAME OF COMPANY: Equipment Description Mobilization Rate Hourly Operating Rate Misc. Information Worker Skill Descriptions Hourly Rate with Markups OT Rate with Markups Special Services Hourly Rate with Markups Overtime Rate with Markups 4-8

9 Please use additional sheets as needed. SAMPLE AGREEMENT CITY OF SILVERTON INDEPENDENT CONTRACTOR AGREEMENT For EMERGENCY RESOURCES & SERVICES THIS AGREEMENT made and entered into this, day of, 20 by and between the City of Silverton in Marion County, Oregon, hereinafter referred to as Owner, and, hereinafter referred to as CONTRACTOR Company Name WHEREAS, the Owner has adopted a resolution declaring an emergency pursuant to ORD , 1999, NOW, THEREFORE, the Owner and CONTRACTOR for the considerations hereinafter set forth, agree as follows: THE CONTRACTOR AGREES to furnish all the necessary labor, materials, equipment, tools, and services necessary to perform and complete in a workmanlike manner all work required for the completion of the Project in accordance with the attached written specifications and as directed orally by (Name of Emergency Coordinator). 1. Time of Performance and Termination The parties agree that CONTRACTOR will commence work on the project on, 20, and continue until this Agreement is terminated at any time by either party or until the emergency has abated. 2. Compensation The Owner agrees to pay CONTRACTOR rates specified on Exhibit A of Memorandum of Understanding dated, 20. Amount of Agreement is not to exceed $. 3. Independent Contractor The parties agree that CONTRACTOR and all its employees are independent contractors of the Owner and in no way employees or agents of the Owner and are not entitled to works compensation or any benefit of employment with the Owner. Owner shall have no control over the performance of this Agreement by CONTRACTOR except to specify the time and place of performance and the results to be achieved. 4. Worker s Compensation CONTRACTOR shall maintain in full force and effect worker s compensation for Contractor and any agents, employees, and staff that the 4-9

10 CONTRACTOR may employ, and provide proof to the Owner of such coverage or that such worker s compensation insurance is not required under the circumstances. SAMPLE AGREEMENT 5. Warranty CONTRACTOR warrants that all materials and goods supplied under this Agreement shall be of good merchantable quality and that all services will be performed in good workmanlike manner. CONTRACTOR acknowledges that it will be liable for any breach of this warranty. 6. Indemnification CONTRACTOR agrees to indemnify, defend, and hold harmless the Owner, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities of CONTRACTOR, CONTRACTOR s agents, employees or representatives under this Agreement. 7. Equipment CONTRACTOR agrees that all equipment used in the performance of this Agreement shall be in satisfactory condition and that the Owner shall have the right to inspect the condition of the equipment at any time. CONTRACTOR understands and agrees that CONTRACTOR is responsible for all maintenance and repairs of the equipment. 8. Insurance CONTRACTOR agrees to obtain and keep in force during its acts under this Agreement a comprehensive general liability insurance policy in the minimum amount of $, which shall name and protect CONTRACTOR, all CONTRACTOR s employees, the Owner, and its officers, agents and employees, from and aginst any and all claims, losses action, and judgments for damages or injury to persons or property arising out of or in connection with the CONTRACTOR s acts. CONTRACTOR shall provide proof of liability coverage as set forth above to the Owner as soon as possible, and require the insurer to notify the Owner ten (10) days prior to cancellation of said policy. IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. Owner The City of Silverton (Name of Organization) (Signature of Authorized Person) (Print Name and Title of Authorized Person) Contractor (Name of Organization) (Signature of Authorized Person) (Print Name and Title of Authorized Person) (Seal) 4-10

Approved as to form: October 5, 2009 per R. Rodeman City of Silverton Public Works Department 306 S. Water Street Silverton, OR 97381 503.873.

11 Approved as to form: October 5, 2009 per R. Rodeman City of Silverton Public Works Department 306 S. Water Street Silverton, OR fax October 30, 2009 RE: Emergency Response Resources & Services Memorandum of Understanding Dear Contractor: In the event of a declared emergency at the Silver Creek Dam, the City of Silverton will likely need resources from private contractors to assist with an effective response to prevent or counteract a developing disaster to the community. A signed Memorandum of Understanding would allow the City to have a roster of resources that are willing to enter into an agreement for the use of their services. Enclosed is a copy of the Memorandum of Understand, Exhibit A, and a Sample Agreement. If your company is willing to act as a private resource, we ask that you complete the Memorandum of Understanding and Exhibit A (rate table), and return both to this office. The sample agreement is for your review and would only be completed at the time of a declared emergency. The City thanks you for taking the time to consider our request. Please contact me at , if you have any questions or comments. Sincerely, Rob Charles Public Works Director Enclosures 4-11

12 CC: Bryan Cosgrove File 4-12

KNOX COUNTY GOVERNMENT AND DURACAP ASPHALT PAVING CO., INC.

KNOX COUNTY GOVERNMENT AND DURACAP ASPHALT PAVING CO., INC. This Contract made and entered into this day of, 2013 by and between Knox County Government through its governing body and authorized representative,