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HomeMy WebLinkAbout2012-153 Contract - Keller Associates Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Keller Associates ASHLAND CONTACT: James Bledsoe 20 East Main Street Ashland, Oregon 97520 ADDRESS: 131 SW 5r"Ave Suite A Telephone: 541/488-6002 Meridian ID. 83642 Fax: 541/488-5311 TELEPHONE: 208-288-1992 DATE AGREEMENT PREPARED: FAX: 208-288-1999 BEGINNING DATE: 7/23/2012 1 COMPLETION DATE: 3/30/2013 COMPENSATION: Reference Fee Schedule Exhibit D: $31,440 SERVICES TO BE PROVIDED: Reference Attached Exhibit C: KA Task Order# 211029-004 ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement-of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $18,890 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to indemnify and save City, its officers, employees and agents harmless from losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury (including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature to the extent the harm caused arises out of or is incident to the negligent acts, or errors or omissions in performance of this contract by Consultant(including but not limited to, Consultants' 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. Contract for Personal Services, Revised 06/30/2011, Page 1 of 5 10. 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 Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract, or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. 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, Contract for Personal Services, Revised 06/30/2011, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent'not to renew the insurance coverage(s) without 30 days' written notice 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 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. onsultant: City of Ashland 1`A By -� -7 By ( 3LiZ�ia..cr Signature Departme t Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with �� 9 the signed contract. Purchase Order No. Contract for Personal Services, Revised 06/30/2011, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: X _ (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. X (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. �q '7. '�.. '7 11 z j Lo, Contractor (Date) Contract for Personal Services, Revised 06/30/2011, Page 4 of 5 City of Ashland, Oregon `-1St1lAiVD� Exhibit C _0R•EGO1V KA Task Order # 211029-004 Name: Infiltration and Inflow Study June 26, 2012 BACKGROUND The City of Ashland operates and maintains a wastewater collection system comprised of 110 miles of gravity sewer and 8 lift stations. Infiltration and inflow (1/1) represent extraneous groundwater and storm runoff that enters the sewer system. The comprehensive sanitary sewer master plan identified a noticeable trend between average monthly precipitation and average influent flow rates that reflects the influence of 1/1 at the wastewater treatment plant (WWTP). The rapid response between precipitation events and increased flows at the WWTP suggest that a significant component of peak plant flow is from storm water inflow. The City of Ashland has approached Keller Associates to provide support in investigating the problem areas in the collection system. Oregon DEQ has indicated that an 1/1 study would be required before state revolving loan funds could be used for plant expansion projects. The study's purpose is to help prioritize collection system rehab work, reduce flows to the treatment plant, and potentially delay some capital improvements. SCOPE Task 1: Project Management and Meetings Keller Associates will complete the following project management tasks: • Provide monthly invoices and progress reports (8 months). • Attend up to two technical meetings in Ashland. One meeting will be coordinated with field work visits. No public meetings are anticipated as part of this project. • Coordinate study efforts with Oregon DEQ. Task 2: Smoke Testing Keller Associates will provide the following services: • Prioritize areas for smoke testing based on available flow data, age of system, land use, and input from city staff. Keller Associates will define in the technical memorandum the assumptions for the smoke testing areas. • Keller Associates will provide a map of prioritized areas. • Complete smoke testing for prioritized areas. Keller Associates will provide one person for a one week (40 hours) period to supervise and direct the work. • Keller will create and maintain all records during smoke testing week required to complete technical memorandum. • Utilize Keller Associates blower and smoke equipment. 211029-004 1 • Analyze collected data and log observations. City Responsibilities: Provide traffic support and safety precautions as needed for smoke testing. • Provide, install, and remove sewer line plugs as necessary to isolate section of the system for testing. • City staff will provide public notification as the City deems necessary, includinga press release and door hangars in the areas identified for smoke testing by Keller Associates. • City will handle interaction with residents and businesses during testing. . • City will provide one staff during testing for visual observations of smoke. Assumptions: • Keller Associates staff will not enter manholes or any other designated confined space. City staff will perform this function. • This task will be scheduled and completed during the dry season when there is little to no rainfall anticipated. Task 3: Night Time Monitoring Keller Associates will provide the following services: • Prioritize areas for night-time monitoring based on available flow data and input from City staff. Keller Associates will define in the technical memorandum the basis for selecting night time monitoring areas. Keller Associates will provide 24 hour notice if possible to City staff in preparation for night time monitoring based on available weather data. • Provide a map with these prioritized areas to be used during testing. • Provide a spreadsheet where the data should be transferred from hand written records. • Analyze collected data • Review City provided precipitation data from the parks department with the rainfall data recorded at the wastewater treatment plant to compare the precipitation amounts and better quantify the storm events used during night-time monitoring. City Responsibilities: • Perform night-time monitoring of the prioritized areas. The goal will be to complete three evenings worth of night-time monitoring for a crew of two. Provide hand written records and fill out spreadsheet provided from Keller Associates (providing flow depth, approximate flow velocity, pipe size, manhole identifier). • Provide daily rainfall data for time period of night-time monitoring. • Provide pictures of manholes with significant infiltration flow as well as significant night time flows. Assumptions: • Keller Associates staff will not be present for night time monitoring. • Keller Associates anticipates this task being completed from December 2012 to January 2013. 211029-004 2 Task 4: Puma Run Time Analysis Keller Associates has previously looked at weekly pump run times for all of the lift stations. This task includes analysis of daily pump run times collected by the City. This is an optional task which can benefit placement of the flow monitoring equipment as well as prioritizing recommendations for the 1/1 program. City Responsibilities: • Collect daily pump run times for Grandview, North Main, North Mountain, and Ashland Creek lift stations. Begin collection of the pump run times in October 2012 and continue through the end of January 2013. Assumptions: • The pump run times should be provided in spreadsheet format with copies of the hand written records. • Keller Associates anticipates this task being completed from October 2012 through January 2013. Keller Associates recognizes that the data may be collected less frequently than daily and will work with the data the City is able to collect. Task 5: Continuous Flow Monitoring Keller Associates will provide the following services: • Provide a map with recommended monitoring sites. Keller Associates will define in the technical memorandum the basis for selecting monitoring locations. • Deliver Keller Associates flow monitoring equipment (4 Sigma 910 units). Assist in the first installation of City and Keller Associates flow monitoring equipment. • Assist in final removal of City and Keller Associates flow monitoring equipment. • Convert data to spreadsheets, process and analyze data. • Provide direction to City staff to obtain necessary data for Keller Associates' analysis. City Responsibilities: • Procure City owned portable flow monitoring equipment prior to completing this task. If this equipment is not procured, continuous flow monitoring will be limited to the capability of Keller Associates four monitoring units and one month time frame. • Download data and check status of monitoring equipment within 2 to 3 days after installation of equipment in a new location during the 1 month time period. • Download data at least once a week. Transmit data via Keller Associates ftp site or email within 24 hours of each time data is downloaded from the monitoring equipment. Provide a record of depth and approximate velocity each time the flow monitoring equipment is checked on or data downloaded. • Provide daily rainfall data for time period of continuous flow monitoring. 211029-004 3 Assumptions: • Sanitary sewer flows will be observed and data collected for a one month period of time. • Keller Associates anticipates this task being completed from January to February 2013. Task 6: Cost-Benefit Analysis Keller Associates will provide the following services: • Develop planning level costs to complete prioritized improvements and estimate the potential reduction of 1/I. Develop map showing areas recommended for 1/1 reduction. City Responsibilities: • Complete any field work and provide available mapping and record drawings. Assumptions: • Assumes fewer than 15 locations are identified where stormwater directly discharges to the sanitary sewer system. • No field surveying will be necessary. Task 7: Summary of Findings and Recommendations Keller Associates will provide the following services: • Summarize the findings from Tasks 1-6 in a technical memorandum. • Provide a figure showing smoke tested lines. • Provide a figure showing areas where night time monitoring was completed. • Provide a figure showing locations where flow monitoring was completed. Provide a figure showing prioritized areas for pipeline and manhole rehab. • Provide technical memorandum to DEQ for review and approval. Assumptions: • Keller Associates anticipates this task being completed by April 1, 2013. • Results of the 1/1 study will be incorporated into an updated Facility Planning Study to be completed at a later date. DELIVERABLES Technical memorandum 1. One (1) 75%draft electronic copy of the technical memorandum. 2. Six (6) copies of the final technical memorandum bound in 3 ring binders. 3. All draft and final documents along with any additional reference information to be provided in electronic format on CD to City at time of completion of technical memorandum. 211029-004 4 BUDGET Keller Associates proposes to do the work on a lump sum basis for a fee of$31,440 for Tasks 1- 6. A breakdown of this fee by task is presented below: Task Budget Task 1: Project Management $ 2,430 Task 2: Smoke Testing $ 10,385 Task 3: Night Time Monitoring $ 1,740 Task 4: Pump Run Time Analysis $ 1,320 Task 5: Continuous Flow Monitoring $ 4,965 Task 6: Cost-Benefit Analysis $ 3,880 Task 7: Summary of Findings and Recommendations $ 6,720 Total (Lump sum) $31,440 211029-004 5 N E i t U �0 0 IL O y W Q ' ❑ ' O Q 0 0 0 0 N O O O N 0 0 0 O O O 4.pL O O 10 O N O O 0 0 0 O ]soO vsel a>rn N� ` :n co w.`n ;uellnsuo0-9nS w b h o 0 0 sasuadz3 Jbend N n UIWF1 ui = ueio,tuyoal T = U r/1 walul iaaui6u3 VJ r W k W Jauui6u311e1S u LLJe9ui6u3 JolueS Ja6euepy;oafoJd lediouud is yu rs • m — Y o E X E , i ~ Nk�: W 1Y @ a � o g@ w c W e a c ¢ @ o! m T E F v E m N m @ E@ a . a ;° — m o.— O E E m @ a v o W c E ° m c n 8 'Q Q LL •• w` t c W m C t w N d a N N � ° d N . � E o m -O N >C W °w N r>W N'm m N m ,E W c,x a ` o a0 mo o ° d d w E ° a o b o w 0 o 'o o '� J Q` O ❑ 0 in uv Q z KU Q UU U M ❑ MU 0 U u ❑ i N' M N 0 f`o c V LU I m ry /1 KELLE-4 OP ID:TS AcoRO CERTIFICATE OF LIABILITY INSURANCE DAT07109D2 ono9/1z 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 208-459-1678 CONTACT The Hartwell Corporation-Cal 208-454-1114 PHONE Fac Na): PO Box 400 lac No EZW _ _. _ Caldwell,ID 83606 ADDRESS:_.,_ ,- .. .- JeremyKr011 INSURER(SI AFFORDING COVERAGE NAICis INSURER A:Travelers Indemnity Co 25666 INSURED Keller Associates,Inc. INSURER B:TravelersIndemnl of CT _ 25662 131 SW 5th Avenue, Suite A INSURER C:Travelers Casualty and Surety 31194 Meridian, ID 83642 INSURER D:Travelers Casualty&Surety 31194 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. TNSR L uBR)— POUCY EFF POUCY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MNVODIYYYY fMMfDDNYYYI (GENERAL LIABILITY EACH OCCURRENCE _ S 1,800,00 A ( X COMMERCIAL GENERAL LIABILITY X 88078771.118 12181/11 12101/12 E� 1,000,00 PREMIS Ea.c e J CLAIMS-MADE ,�OCCUR MED EXP(Any one person) f 10,08 X CGD381 PERSONAL B ADV INJURY S 1,800,00 GENERAL AGGREGATE f 2,000,00 NIL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO $ 2,888,00 POLICY X PRO LOC S iprT COMBINED SINGLE LIMIT 1,000,00 AUTOMOBILE LIABILITY Ea accident) .- $ B X ANY AUTO X BA78771-468 12101111 12101112 BODILY INJURY(Per person) f AUTOS ALL OWNED SCHEDULED BODILY INJURY(Per accidenD f AUTOS — NON OWNED PROPERTY DAMAGE f _ HIRED AUTOS AUTOS Peramident) -- E UMBRELLA LUIS _ OCCUR EACH OCCURRENCE f' EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION X WC STATU- OTM AND EMPLOYERS'LWBIUTY C ANY PROPRIETOR/PARTNER/EXECUVVE YIN UB9722Y081 05101112 05/01111 E.L.EACH ACCIDENT f 1,000,00 OFFICERIMEMBER EXCLUDED? ❑ NIA WA STOP GAP E.L.DISEASE-EA EMPLOYEE f 1,000,00 (Mandatory in NH) ( ) If yes.desmoe under E.L.DISEASE-POLICY LIMIT J$ 1,000,00 DESCRIPTION OF OPERATIONS Eelme D Profes Liability 105714124 12101111 12/01112 Ea.Claim 2,000,00 $100,000 Deduct Annl Aggr 2,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If mom space U required) The City of Ashland,Oregon is additional insured for general liability and suto liability as provided by policy forms CGD381 and9CAT353. CERTIFICATE HOLDER CANCELLATION ASHAS-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 Ease Main St Ashland,OR 97520 AUTHORIZED REPRESENTATIVE Vh1�KInr\ 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part,but only with respect to liability for"bodily in- However, if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tons; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (f) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under o any other insurance. d. This insurance does not apply on any basis to any person or organization for which cover- C. The following is added to Paragraph 8. Transfer "^ age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY COW — age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ^ ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as lions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2DD7 The Travelers companies,Inc. Page 1 of 2 Includes the Copyrighted material of Insurance Services Office,Inc.,with its permission. M219 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc.,win its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE–This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF USE–INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE – TRANSPORTATION EXPENSES–INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS – INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS _ F. HIRED AUTO – LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE–INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE–GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS "_— A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION 11 – LIABILITY COV• during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- = age, but only for damages to which this insurance Any organization you newly acquire or form our- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. IL Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO ill the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II – U- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II – LIABILITY operating an "auto' hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 02010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 00007 COMMERCIAL AUTO 2. The following replaces Paragraph b, in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV - BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent of borrow from ered "autos"you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house. rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the "in- However, any "auto"that is leased, hired, sured" against, and investigate or set- rented or borrowed with a driver is not a tie any such claim or "Sul" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV. "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (iii)We may, at our discretion, participate ing a covered "auto"you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv)We will reimburse the "insured' for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily injury" or"property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" lions) required because of an "accident" only up pays o the limit desc ibed intPara- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION 11—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the limit described in Para- ERAGE—INDEMNITY BASIS graph C., Limit Of Insurance, of SECTION Ii — LIABILITY COVER- The fallowing replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or merits for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ®2010 The Travelers Indemnify Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc.win its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects mories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured", and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to Comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada. We assume no responsibility for the Hate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or for compliance in any way with the laws set forth in Paragraphs A.1.b. and A.t.c., but of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- _ ble. of SECTION III — PHYSICAL DAMAGE ranty; and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced one"loss". H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: ^= TION 111—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one"accident". to: 1. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- AGE: (d) An executive officer, director or insurance manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) An " authorized b y You to give no curved by you because of the total theft of a cov- y "em to p y ee auorize tice of the "accident" or"loss". ered"auto" of the private passenger type. CA T3 53 03 10 C 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance services Off",Inc.with its permission. 004389 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. Of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con. 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident' ever this provision does not affect our right to col- or"loss", provided that the "accident'or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 Of 4 ®2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office,Inc.with Its permission. Page 1 / 1 ` CITY OF CITY RECORDER ASHLAND . DATE PO NUMBER '20 E MAIN ST. 7/18/2012 10994 ASHLAND, OR 97520 (541)488-5300 VENDOR: 015211 SHIP TO: Ashland Public Works KELLER ASSOCIATES INC (541) 488-5587 131 SW 5TH AVENUE SUITE A 51 WINBURN WAY MERIDIAN, ID 83642 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: Contact: Mike Fauqht-Scott Fleury Special Inst: Confirming? NO. Quanti Unit Description Unit Price Ext Price Inflow& Infiltration Study 31,440.00 Contract for Personal Services Beqinninq date: 07/23/2012 Completion date: 03/30/2013 Insurance required/On file I I I i I SUBTOTAL 31440.00 BILL TO:Account Payable - TAX 0.00 ' 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 31,440.00 ASHLAND, OR 97520 Account Number I Project Number Amount Account Number Project Number Amount E 675.08.17.00.704200 E 201208.100 31 440.00 • I I 4V Auffiorized Signature VENDORCOPY FORM[ #3 C I T Y. OF A request for a Purchase Order ASHLAND REQUISITION Date of request: . �llre(tZ Required date for delivery: kntp Vendor Name Z— AssnusE� Address,City,State,Zip t31 -n t Sg pre— s-N-ce A 1VC¢iDLA1 3D. 93 A L Contact Name&Telephone Number S s 6LraQ3c�v— .Zv;N k"L Fax Number ZcsB —Z�— tTt9 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ 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/Wrtten 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 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Form#9,Request for Approval Intergovernmental Agreement $5.000 to$75.000 ❑ Written quote or proposal attached ❑ Agency ® Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council: ❑ 3 Written proposals attached I Valid until: Date (Date) Description of SERVICES Total Cost $ 3t ,.tap Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST �f Per attached quote/proposal $ Project Number_ZOtz - 08 Account Number___-__-__- - Account Number_75-C$-«-Cc�-764?Qa 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,I certify that the City's public contracting requirements have been satisfied. Employee Signatu Department Head Signature: CX - — 7��c (Equal to or greater than$5,000) Additional signature pica le): Funds appropriated for current fiscal year: / NO �- Finance Director-(Equal to or grea than$5,000) Date Comments: Form#3-Requisition