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HomeMy WebLinkAbout2012-159 Contract - Marquess & Associates Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Marquess & Associates, Inc. ASHLAND CONTACT: Oscar J. Zuniga, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1120 E. Jackson St. Telephone: 541/488-6002 Medford, OR 97504 Fax: 541/488-5311 TELEPHONE: (541)7`541)7 72-7115 DATE AGREEMENT PREPARED: FAX: (541)779-4079 BEGINNING DATE: 03/12/12 COMPLETION DATE: COMPENSATION: $2,500.00 GOODS AND SERVICES TO BE PROVIDED: Condition inspection - Terrace St. pump station. ADDITIONAL TERMS: See attached proposal NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to$25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 2796.225, 27913.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,890 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50%or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person(including injury resulting in death), or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractors employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. _ b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established 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 Contract for Goods and Services Less than$25,000,Revised 06/302011, Page 1 of 7 sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. I. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. II. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d)are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already'accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract, if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: 0. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers'compensation coverage for all their subject workers b. General Liability ce with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,00 , $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall inclu a contractual liability coverage for the indemnity provided under this contract. C. Automobile Liabilit, ' rance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1000,000' 00,000 or Not Applicable for each accident for Bodily Injury and Property Damage, including covers a for owne hired or non-owned vehicles, as applicable. Contract for Goods and Services Less than$25,000,Revised 06/30/2011,Page 2 of 7 r d. Notice of cancellation or chance. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days'written notice from the Contractor or its insurer(s)to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 17. Governing Law;Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim")between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR.CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this, contract without penalty or liability to City, effective upon the delivery of written notice to Contractor,with no further liability to Contractor. 20. Prior Approval Required Provision.Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: Marquess 6 ,pssociates, Inc. City of Ashland By By �� 4 Signattfre Department Head Oscar Zuniga, P.E. Print Name Print Name Mechanical Principal L2 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract._ Purchase Order No. Contract for Goods and Services Less than$25,000,Revised 06/302011, Page 3 of 7 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the.entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: 1/ (1) 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. Marquess 6 Associates, Inc. ev—Z1-/Q Contractor (Date) Contract for Goods and Services Less than$25,000,Revised 0613012011, Page 5 of 7 w? MAR & ASSO CIAT E S S P541772-7115 F541-779-4079 120 EAST JACYSON PO BOX 490 MEDFORD.OR 97501 ES !NC EMAIL info @marquess.com WEB:www.marquess.com March 12, 2012 Pieter Smeenk, P.E., S.E. City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 RE: PROPOSAL FOR MECHANICAL & ELECTRICAL ENGINEERING SERVICES TERRACE STREET PUMP STATION UPGRADE ASHLAND,OREGON MAI JOB NO. 12-1029 Dear Pieter: Thank you for requesting that Marquess & Associates, Inc. (MAI) submit a proposal for engineering services in support of the proposed upgrades to the Terrace Street Pump Station. As part of our preparation of this proposal, we have discussed the project and visited the site with you and Mike Cook, and have reviewed proposed and existing available drawings. DESCRIPTION OF PROJECT It is our understanding that the pump station operates primarily in the summertime to supplement the water supplied to the water treatment facility and that much of the operation of the station requires manual adjustments to maintain the proper flow and levels into and out of the station. It is also our understanding that the existing pumps are larger than necessary for the required supplemental raw water flow rate. Several options for better matching of the flow rate to the pumping capacity and for automating the station operation are available. The purpose of this study is to define those alternatives and provide sufficient information for the City to determine the best plan of action for upgrades to the station. FEES We propose to perform the work on an hourly fee basis, not to exceed the sum of$2,500. TERMS AND CONDITIONS The above fees do not include reimbursable expenses for printing, permits and fees, mileage, telephone calls, fax,photographs, etc. and such reimbursable fees will be billed in addition to hourly consulting. All additional work which is outside the scope of services as described shall also be Mr. Pieter Smeenk,P.E. March 12,2012 Page 2 paid for at the hourly rate schedule enclosed as Exhibit A which is valid until December 31, 2012. As compensation for services rendered, a billing will be sent by the twenty-fifth day of each month showing the hours and materials work completed on the project. Payments of the billings must be made by the 20`h of the following month. Late payments will be subject to a service charge of 1.5% per month on the unpaid balance. In the event work is stopped on this project, the hourly rate shall determine the engineering fee that is due to the point of work stoppage. You will provide a schedule, agreeable to us, of all required report submittal dates at the beginning of the project. Work will commence upon receipt of a signed agreement or purchase order. The MAI point of contact/project manager through whom all correspondence shall go is Oscar Zuniga. In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the event of any appeal from suit, action or proceeding, the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attorney's fees in such suit,action or appeal. This letter is written as an Engineering Proposal and Agreement. An acceptance line is provided for your signature. Please return one signed copy for our files. This proposal, if not signed and returned within 60 days of the above date, will become invalid and must be renegotiated. Sincerely, MAR UESS&ASSOCIATES. INC. Oscar iiga Jr.,P.E. OJZ/rlo Enclosure: "Exhibit A" Engineering Pee Schedule SJ12-1029 Terrace Pump Proposal.doc AUTHORIZATION Approved By Date �A ' L ✓ v P 541-772-7115 F 541,7794079 1120 EAST JACKSON PO BOX 490 MEDFORD.OR 97501 S ASSOCIATES INC EMAIL:info@marquessscom WEB:www.marquess.com EXHIBIT"A" January 1,2012 ENGINEERING FEE SCHEDULE Executive Engineer........................................................................$155.00 per hour Principal Engineer ........................................................................$145.00 per hour Geotechnical Engineer...................................................................$145.00 per hour Senior Engineer.............................................................................$100.00-$120.00 per hour Project Engineer............................................................................$ 95.00-$109.00 per hour Design Engineer............................................................................ $ 76.00-$ 91.00 per hour DesignerIt.....................................................................................$ 72.00-$ 86.00 per hour DesignerI......................................................................................$ 63.00-$ 73.00 per hour DrafterII........................................................................................$ 54.00-$ 68.00 per hour Soils Technician............................................................................$ 52.00-$ 62.00 per hour Special Inspector...........................................................................$ 52.00-$ 60.00 per hour Drafter I.........................................................................................$ 50.00-$ 60.00 per hour FieldSurvey..............................:...................................................$140.00 per hour Field Survey 112 Person Party.......................................................$160.00 per Hour Survey Crew 3 Person Party..........................................................$226.00 per hour WordProcessor.............................................................................$ 50.00 per hour Mileage..........................................................................................$ 0.65 per mile Out-of-Pocket Expenses................................................................Actual Cost Material Testing Services..............................................................Schedule Provided On Request PAYMENT: Payment on the billings must be made on or before the 20th day of each month. A CHARGE OF 1.5% PER MONTH(18%ANNUAL PERCENTAGE RATE)WILL BE ADDED AFTER 30 DAYS UNLESS PRIOR ARRANGEMENTS ARE MADE. This Fee Schedule is subject to periodic changes. Mr. Pieter Smeenk, P.E. March 12,2012 Page 2 paid for at the hourly rate schedule enclosed as Exhibit A which is valid until December 31, 2012. As compensation for services rendered, a billing will be sent by the twenty-fifth day of each month showing die hours and materials work completed on the project. Payments of the billings must be made by the 20`h of the following month. Late payments will be subject to a service charge of 1.5% per month on the unpaid balance. In the event work is stopped on this project, the hourly rate shall determine the engineering fee that is due to the point of work stoppage. You will provide a schedule, agreeable to us, of all required report submittal dates at the beginning of the project. Work will commence upon receipt of a signed agreement or purchase order. The MAJ point of contact/project manager through whom all correspondence shall go is Oscar Zuniga. In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the event of any appeal from suit, action or proceeding, the prevailing patty shall be entitled to such sums as the court may adjudge reasonable as attorney's fees in such suit, action or appeal. This letter is written as an Engineering Proposal and Agreement. An acceptance line is provided for your signature. Please return one signed copy for our files. This proposal, if not signed and returned within 60 days of the above date, will become invalid and must be renegotiated. Sincerely, MARQUESS &ASSOCIATES.INC: Oscar niga Jr.,P.E. OJZ/rlo Enclosure: "Exhibit A" Engineering Fee Schedule S:02-1029 Terrace Pump Proposal.doc AUTHORIZATION Approved By Date y 73y, a2 y c r " .� � R U F ✓ J P 541-772-7115 F 541779-4079 1120 EAST JACKSON PO BOX 490 MEDFORD,OR97501 & AS 50 C I AT E S44410MlL EMAIL:intoQmarquess.com WEB:www.marquess.com March 12, 2012 Pieter Smeenk, P.E., S.E. City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 RE: PROPOSAL FOR MECHANICAL & ELECTRICAL ENGINEERING SERVICES TERRACE STREET PUMP STATION UPGRADE ASHLAND, OREGON MAI JOB NO. 12-1029 Dear Pieter: Thank you for requesting that Marquess & Associates, Inc. (MAI) submit a proposal for engineering services in support of the proposed upgrades to the Terrace Street Pump Station. As part of our preparation of this proposal, we have discussed the project and visited the site with you and Mike Cook, and have reviewed proposed.and existing available drawings. DESCRIPTION OF PROJECT It is our understanding that the pump station operates primarily in the summertime to supplement the water supplied to the water treatment facility and that much of the operation of the station requires manual adjustments to maintain the proper flow and levels into and out of the station. It is also our understanding that the existing pumps are larger than necessary for the required supplemental raw water flow rate. Several options for better matching of the flow rate to the pumping capacity and for automating the station operation are available. The purpose of this study is to define those alternatives and provide sufficient information for the City to determine the best plan of action for upgrades to the station. FEES We propose to perform the work on an hourly fee basis, not to exceed the sum of$2,500. TERMS AND CONDITIONS The above fees do not include reimbursable expenses for printing, permits and fees, mileage, telephone calls,fax,photographs, etc. and such reimbursable fees will be billed in addition to hourly consulting. All additional work which.is outside the scope of services as described shall also be • 9 KW_1444 -r, A RA FCC E v ✓ P 541-772-711 F 541 779.9079 120 EAST JACKSON' CO BOX 490 r MEDFO RD,OR 97501 & ASSOTES INC EMAIL-info@marquess.com 'WEB:www.maryuees.com EXHIBIT"A" January 1, 2012 ENGINEERING FEE SCHEDULE Executive Engineer........................................................................ $155.00 per hour Principal Engineer ........................................................................$145.00 per hour Geotechnical Engineer..........................:........................................$145.00 per hour Senior Engineer............................................................................. $100.00-$120.00 per hour Project Engineer............................................................................$ 95.00-$109.00 per hour Design Engineer............................................................................$ 76.100- S 91.00 per hour Designer IT................................................................_...................$ 72.00-$ 86.00 per hour Designer I....................:................................................................. $ 63.00- $ 73.00 per hour Drafter 11........................................................................................$ 54.00 - S 68.00 per hour Soils Technician.............................................................:.............. $ 52.00-$ 62.00 per hour Special Inspector................---....................................................... $ 52.00-$ 60.00 per hour Drafter I........................._..............................................................$ 50.00- $ 60.00 per hour Field Survey .................................................................................. $140.00 per hour Field Survey 112 Person Party........................................................ $160.00 per hour Survey Crew 3 Person Party-.,.......................................................$226.00 per hour WordProcessor............................................................................. $ 50.00 per hour Mileage.......................................................................::.................$ 0.65 per mile Out-of-Pocket Expenses................................................................Actual Cost Material Testing Services..... ........................................................ Schedule Provided On Request PAYMENT: Payment on the billings must be made on or before the 20th day of each month. A CHARGE OF 1,5% PER MONTH(18% ANNUAL PERCENTAGE RATE)WILL BE ADDED AFTER 30 DAYS UNLESS PRIOR ARRANGEMENTS ARE MADE. This Fee Schedule is subject to periodic changes. DATE (MMIDDrYTYY) Ate ' CERTIFICATE OF LIABILITY INSURANCE 6619912611 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 Phone: (360)598-3700 Fax (360)599-3703 'ACT MICHAEL MICHAEL J.HALL&COMPANY NAM MICHAEL J.HALL&COMPANY - PHONE (360)598-3700 (360)598-3703 AIC No E HALL&COMPANY ' E-MNL ADDRESS: 19660 10TH AVENUE N.E. PRODUCER 2738 POULSBO WA 96376 CUSTOMER 10,. INSURER(S) AFFORDING COVERAGA NAIL N INSURED INSURER Travelers Casualty and Surety Co of America 31194 Marquess&Associates Inc INSURER B Com rave The Travelers Indemnity of America 25666 Company PO Box 490 Medford,OR 97501-0033 INSURERC The Travelers Indemnity Company 25658 INSURER D: The Travelers Indemnity Company of America 25666 INSURER E INSURER COVERAGES CERTIFICATE NUMBER: 142817 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 P AITS SHOWN MAY L16YE 13 Ir.Fn RY PA CLAIMS. INB0. ADD? GUB0. POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR NIVD POLJCY NUMBER MMIDOMIYY MMIDD B GENERAL LI OILITY 6806146N63A 05/29/11 05/29/12 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 30g�Ogp X COMMERCIAL GENERAL LIABILITY PREMISES Ea—wmme CLAIMS-MADE A (OCCUR MED.FXP(Anyone person) $ 5,000 X XCU,BFPD,OCP PERSONAL&ADV INJURY $ 1,000,000 X Separation of Insureds GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ - 2,000,000 POLICY X PRO LOC $ D AUTOMOBILE LIABILITY BA6148N401 05/29111 05129112 COMBINED SINGLE LIMIT $ 1,000,600 (Ea accident) X ANY AUTO BODILY INJURY(Per person) g X ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE $ X HIREDAUTOS (Per accident) X NON-OWNED AUTOS C X UMBRELLA LIAR X OCCUR CUP3196T698 05129/11 05129112 EACH OCCURRENCE $ 5,000,000 EXCESS LIAR cou MS-MADE AGGREGATE $ 5,000,000 DEDUCTIBLE S X RETENTION $ 10,000 $ WCSTAT.- OTH $ WORKERS COMPENSATION TORYUMI-IhS ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERCUMVE E.L.EACH ACCIDENT 9AE T $ OFFICERIMEMBER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE If ye,de in NN) DVan, IPTI NOFO E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below $ A Prcfessional Liability:Gains Made Form 105320158 07126/11 07/26/12 $1,000,000 Per Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,'d more space is required) SEE SUPPLEMENTAL CERTIFICATE INFORMATION 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. Ashland,OR 97520-1814 AVTHOw?cn REPRESENTATIVE Attention: James H.Olson �shley L. Hurd ACORD 25(2009/09) ©1986.2009 ACORD CORPORATION. All rights reserved. .. The ACORD name and logo are registered marks of ACORD DATE SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #142817 AUG 92011 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Project:Schofield/Monte Vista LID Project No.2005-08 City of Ashland,Oregon and its elected officials,officers and employees are Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.This insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. _ Certificate# 142817 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS"AUTO COVERAGE FORM With respect to coverage provided by this endorse- (d) Costs for extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability unless modified by the endorsement. Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease; and SECTION III — PHYSICAL DAMAGE COVER- (e) Carry-over balances from previous loans AGE, A. Coverage, 4. Coverage Extensions is or leases. amended by adding the following: C. COVERAGE EXTENSION — AUDIO, VISUAL Personal Effects Coverage AND DATA ELECTRONIC EQUIPMENT NOT We will pay up to $400 for "loss" to wearing ap- DESIGNED SOLELY FOR THE PRODUCTION OF SOUND parel and other personal effects which are: (1) owned by an "insured"; and SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to (2) in or on your covered "auto"; exclusions 4.c & 4.d is deleted and replaced with in the event of a total theft "loss" of your Covered the following: "auto". a. Equipment and accessories used with such No deductibles apply to Personal Effects Cover- equipment, except tapes, records or discs, age. provided such equipment is permanently in- B. AUTO LOAN LEASE GAP COVERAGE stalled in the covered "auto" at the time of the loss" or is removable from a housing unit SECTION III — PHYSICAL DAMAGE COVER- which is permanently installed in the covered AGE, A. Coverage, 4. Coverage Extensions is auto" at the time of the "loss", and such amended by adding the following: equipment is designed to be solely operated Auto Loan Lease Gap Coverage for Private by use of the power from the "auto's" electri- Passenger Type Vehicles cal system, in or upon the covered "auto"; or In the event of a total "loss"to a covered "auto"of D. WAIVER OF DEDUCTIBLE—GLASS the private passenger type shown in the Schedule SECTION III — PHYSICAL DAMAGE COVER- or Declarations for which Physical Damage Cov- AGE, D. Deductible is amended by adding the erage is provided, we will pay any unpaid amount following: due on the lease or loan for such covered "auto" No deductible for a covered "auto" will apply to less the following: glass damage if the glass is repaired rather than (1) The amount paid under the Physical Damage replaced. Coverage Section of the policy for that"auto"; E. HIRED AUTO PHYSICAL DAMAGE COVER- and AGE (2) Any: SECTION III — PHYSICAL DAMAGE COVER- (a) Overdue lease/loan payments at the time AGE, A. Coverage, 4. Coverage Extensions is of the"loss"; amended by adding the following: (b) Financial penalties imposed under a Hired Auto Physical Damage Coverage Exten- lease for excessive use, abnormal wear sion and tear or high mileage; If hired "autos" are covered "autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor; Damage Coverage for an owned "auto", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 2 Includes the copyrighted material of The St.Paul Travelers Companies, Inc. COMMERCIAL AUTO Physical Damage Coverage is extended to tent required of you by a written contract exe- "autos"that you hire, rent or borrow subject to the cuted prior to any "accident" or "loss", pro- following: vided that the"accident"or"loss" arises out of (1) The most we will pay for"loss" in any one the operations contemplated by such con- "accident" to a hired, rented or borrowed tract. The waiver applies only to the person or auto"is the lesser of: organization designated in such contract. (a) $50,000; G. BLANKET ADDITIONAL INSURED (b) The actual cash value of the dam- SECTION II— LIABILITY COVERAGE, part A. 1. aged or stolen property as of the time Who Is An Insured, paragraph c. is amended by of the"loss"; or adding the following: (c) The cost of repairing or replacing the Any person or organization that you are required damaged or stolen property with to include as an additional insured on this Cover- other property of like kind and quality. age Form in a written contract or agreement that is signed and executed by you before the "bodily (2) An adjustment for depreciation and injury" or"property damage" occurs and that is in .physical condition will be made in deter- effect during the policy period is an "insured" for mining actual cash value in the event of a Liability Coverage, but only for damages to which total "loss". this insurance applies and only to the extent that (3) If a repair or replacement results in better person or organization qualifies as an "insured" than like kind or quality, we will not pay under the Who Is An Insured provision contained for the amount of betterment. in Section II. (4) A deductible equal to the highest Physical H. EMPLOYEE HIRED AUTOS Damage deductible applicable to any SECTION II — LIABILITY COVERAGE, A. Cov- owned covered "auto". erage, 1.Who Is An Insured is amended by add- (5) This Coverage Extension does not.apply ing the following: to: An "employee" of yours is an "insured" while op- (a) Any"auto"that is hired, rented or bor- erating an "auto" hired or rented under a contract rowed with a driver, or or agreement in that "employee's" name, with (b) Any"auto"that is hired, rented or bor- your permission, while performing duties related rowed from your"employee". to the conduct of your business. F. BLANKET WAIVER OF SUBROGATION 1. COVERAGE EXTENSION—TRAILERS SECTION IV— BUSINESS AUTO CONDITIONS, SECTION I — COVERED AUTOS, C. Certain A. Loss Conditions, 5. Transfer Of Rights Of Trailers, Mobile Equipment and Temporary Recovery Against Others To Us is deleted and Substitute Autos, paragraph 1. is deleted and replaced by the following: replaced by the following: 5. Transfer Of Rights Of Recovery Against 1. "Trailers" with a load capacity of 3,000 Others To Us pounds or less designed primarily for travel We waive any right of recovery we may have on public roads. against any person or organization to the ex- Page 2 of 2 Includes the copyrighted material of Insurance Services Office,Inc.with its permission. CA T4 20 07 06 Includes the copyrighted material of The St.Paul Travelers Companies, Inc. Marquess&Associates Inc Policy#6806146N63A 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 111) 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 orris- provided to an additional insured under this Cov- erage 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 tions; such additional insured which covers such add!- It. 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 (1) 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 d. This insurance does not apply on any basis to any other insurance. 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 CON- 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 tions 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 03 81 09 07 ®2007 The Travelers Companies,Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission. 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 C2007 The Travelers Companies,Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office,Inc.,wlth its permission. CITY RECOFIDER Page 1 / 1 il J� CITY HL O�Fr fl �JV :J — 'T�S H LA1 V D DATE PO NUMBER , 20 E MAIN ST. 6/29/2012 11025 ASHLAND, OR 97520 _ (541)488-5300 VENDOR: 000575 SHIP TO: Ashland Public Works MARQUESS &ASSOCIATES, INC. (541)488-5587 1120 E JACKSON 51 WINBURN WAY MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext.Price Condition inspection at Terrace Street 2,500.00 Pump station Contract for Goods and Services Date of aqreement: (no date on contract) Beq date: 03/12/12 Completion date: (no date on contract) SUBTOTAL 2 500.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 2,500.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.604101 E 201201.999 2,500.00 Authorized Signature VENDOR COPY FORM #3] CITY OF A rrsquest for a Purchase Order ASHLAND REQUISITION Date of request: z Z 1 Z Required date for delivery: 3 a 1 Z Vendor Name WA fh�o ef 17'A Address,City,State,Zip /1^_t3 ,M!q 1 h sR, Contact Name&Telephone Number V Jy—Q� -_ Fax Number SOURCING METHOD Ll Exempt from Competitive Bidding LJ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Wdtten findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached . ❑ Wdtten quote or proposal attached Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon Direct Award Dale approved by Council: Contract# VerbalMrilten quote(s)or proposal(s) ❑ State of Washington Intermediate Procurement LJ Sole Source Contract If GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5,000 to$100.000 ❑ Wdtten cluote or proposal attached Agency ❑ (3)Written quotes attached U Special Procurement Contract It PERSONAL SERVICES ❑ Form#9,Request for Approval Intergovernmental A reement $5,000 to$75 000 ❑ Written Agency Written quote or proposal attached -W Less than$35,000,by direct appointment Date approved by Council: Dale original contract approved by Council: ❑ (3)Written proposals attached Valid until: Dale (Date)— Description of SERV ICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost rOT Per attached quotelproposal $ I1L COST Project Number__ Account Number o�- tSCO -C�b�jtcc7 — -- ---- i Account Number___-__-__-__- ____ Account Number___-__-__- -- ------ 'Expenditure must be charged to the appropriate account numbers ter 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 I y sr ning t isTequisition rm,l certify that the City's public contracting requirements have been satisfied. Employee Signature: pP Department Head Signature: (Equal to or greater t an$5,000) Additional signatures(if applicable): Funds appropriated for current fiscal year YES / NO Finance Director-(Equalto orgreaterthan$5,000) Date Form#3-Requisition