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HomeMy WebLinkAbout2013-073 Contract - Carollo Engineers Contract for PERSONAL SERVICES CITY OF CONSULTANT: Carollo Engineers, INC. ASHLAND CONTACT: Dave Kraska P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 720 SW Washington St. Suite 550 Telephone: 541/488-6002 Portland OR 97239 Fax: 541/488-5311 TELEPHONE: 503-227-1885 DATE AGREEMENT PREPARED: 3/12/2013 FAX: 503-227=1747 BEGINNING DATE: 3112/2013 COMPLETION DATE: 10/31/2013 COMPENSATION: Not To Exceed $69,231.00 SERVICES TO BE PROVIDED: See Exhibit C: Scope of Services ADDITIONAL TERMS: None 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 $19,494 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, subrogationu; actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 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 an time b City upon 30 days' notice in writing Centract for Personal Services, Revised 06130/2012, Page 1 of 5 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,$1,000.0 , 0$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, 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 insurers to Contract for Personal Services, Revised 06/30/2012, Page 2 of 5 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 si n th c rtification attached hereto as Exhibit and herein incorporated b reference. onsultant, City-of-Ashland B By Sig atu e j D p rtment Head D aVrO %rZ ~1V K nA f6 K4 pry R Print Name'' II Print Name Vice pavi Vtcc I (~St(lCu~ 3lzcl,3 itle Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. G APP EDA OORM Sign lure ~~I 1 Date Contract for Personal Services, Revised 06/30/2012, 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: (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. Contractor (Date) Contract for Personal Services, Revised 06/30/2012, Page 4 of 5 EXHIBIT C SCOPE OF SERVICES CITY OF ASHLAND (OWNER) DUTIES OF CONSULTANT . DISINFECTION BYPRODUCT IMPROVEMENTS Project #2012-05 The following sections describe the detailed scope of services. TASK 1 - PROJECT MANAGEMENT AND COORDINATION CONSULTANT shall: 1. Conduct a Kickoff Meeting at the OWNER's office near the beginning of the project to accomplish the following: a. Confirm project objectives. b'. Review project scope, schedule, and budget C. Review results of data analysis d. Discuss and set project goals e. Review draft Phase I Test Plan f. Discuss communication plan with Oregon Health Authority (OHA) 2. Perform the following project management tasks: a. Prepare a Project Management Plan with the following sections: a. Scope. b. Schedule. c. Budget. d. Team. e. A description of the quality management procedures of the project. b. Communicate on a regular basis (monthly and/or as needed) with the OWNER's project manager. Communication is planned to occur through meetings, phone calls, and e-mail. Action items identified during this communication will be reported in monthly progress reports. c. Maintain coordination of the project team and its SUBCONSULTANTS. This task includes internal team meetings, meetings with various subconsultants, and regular correspondence with team members. d. Prepare monthly invoices and progress reports shall be prepared and submitted, itemized by task, by employee/classification hours worked and reimbursable expenses by type of expense. Subcontractor costs shall be similarly itemized by task, and the subcontractor's invoice (with backup data) shall be attached to the consultant's invoice. Assumptions: 1. The scope of services described in this document will begin in March 2013 and end in July 2013. Subsequent design services and services during construction will be provided under a separate authorization. Page 1 of 6 Deliverables: 1. Kickoff meeting agenda and minutes. 2. Monthly progress reports and invoices. OWNER involvement: 1. Review of data analysis, draft goals, and draft Phase I test plan provided by CONSULTANT. 2. Attendance and participation at the kickoff meeting. TASK 2 - DATA ANALYSIS AND PROJECT GOALS This task consists of evaluating the available data to provide a clear foundation for the analytical work to follow. Once the data is reduced, CONSULTANT shall recommend goals to be achieved to provide reliable regulatory compliance. CONSULTANT shall: 1. Data Analysis Prepare a list of data needed from OWNER. Review the historical water quality and operational data for the Ashland Water Treatment Plant (WTP) and distribution' system to establish a basis for the project, and to help set goals for the altematives being considered. When reviewing the data, look for the following: a. Time or season dependency. b. Raw water quality relationships. c. Water source issues. d. Relationship to treatment scheme. e. Plant/distribution CT requirements. 2. Project Goals Once the data has been reviewed and any patterns identified, compare the results to the regulatory requirements, and set goals for evaluating the various DBP control alternatives at the WTP and in the distribution system. Possible goals to include are: a. Organics removal through coagulation/pretreatment b. Optimization of chlorine residuals at various locations within the WTP and in the distribution system c. Reduction of HAA5 levels d. Reduction of THM levels 3. Data Analysis Summary and Recommended Goals Memorandum Prepare a memorandum summarizing the findings of the data analysis and recommending goals for improving disinfectant and disinfection by-product (D/DBP) regulatory compliance. 4. Project Advisor Review Project Advisors shall review the results of the data analysis and the draft goals setting. Provide further analysis of data and recommendations for modifying project goals or adding goals. Assumptions: 1. OWNER will provide data on WTP operations (flow, chemical usage, temperature, turbidity, pH, alkalinity), and disinfectant and DBP levels at the WTP and at monitoring locations throughout the distribution system. Deliverables: 1. Data needs list. Page 2 of 6 2. Memorandum summarizing the data analysis and the recommended project goals. OWNER involvement: 1. Provide data requested by CONSULTANT. 2. Review memorandum on data analysis summary and recommended project goals. TASK 3 - PHASE I DBP TEST PLAN This task entails preparing the Phase I Test Plan with the assistance of the Project Advisors. CONSULTANT shall: 1. Initial Phase I Test Plan Development Following review of the water quality and operational data provided by OWNER, discuss concepts with Project Advisors and prepare a Phase I Test Plan that focuses on addressing the DBP compliance issues with solutions that could be implemented with minimal capital improvements at the WTP. a. Bench scale testing 1) Define the list of up to three alternative coagulants and two alternative oxidants to be tested. 2) Define protocol for testing PAC application options. 3) Prepare a test protocol: a) Documentation of current plant operation b) List of chemicals to be investigated c) List of chemicals currently used d) Lab equipment space/needs e) Bench scale testing protocol (1) Oxidant demand (2) Powdered Activated Carbon optimization testing (3) Coagulation testing (4) Settleability testing (5) SDS DBP formation testing f) Sampling matrix (1) Raw Water (2) Finished Water (3) Test Water g) Water Quality Testing (on-site and off-site) requirements (1) THM (2) HAA (3) TOC (4) Alkalinity (5) UV254 (6) Turbidity (7) pH (8) Temperature (9) Oxidant byproducts 4) Prepare data sheets to provide for adequate data collection to evaluate effectiveness. b. Minor plant modifications and operational changes 1) Define the list of WTP operational changes to be tested. Page 3 of 6 2) Prepare a test protocol that includes potential operational changes to be investigated. 3) Prepare data sheets to provide for adequate data collection to evaluate effectiveness. c. Distribution system and reservoir operational changes 1) Define the list of distribution system operational changes to be tested, including coordination with the IDSE. 2) Prepare a test protocol. 3) Prepare data sheets to provide for adequate data collection to evaluate effectiveness. 2. Project Advisors Review of. Initial Phase I Test Plan The project advisors shall review the draft Phase I Test Plan, and will recommend whether more or different data should be collected and whether any changes should be made to the plan. Assumptions: 1. One site visit to review current WTP operation with City (two people). Deliverables: 1. Draft and final versions of the Initial Phase I Test Plan. 2. Draft and final version of the Final Phase I Test Plan, if required, OWNER involvement: 1. Provide WTP Plans. .2. Provide plant personnel to meet with CONSULTANT on-site to review current plant operation. TASK 4 -OHA COORDINATION The purpose of this task is to inform representatives of the Oregon Health Authority (OHA) regarding the test plans and the OWNER's efforts related to maintaining compliance with drinking water regulations, especially the Stage 2 DIDBP Rule. CONSULTANT shall: 1. Initial Meeting Once a project plan has been prepared and approved by the OWNER, provide a copy to the OHA and meet with them to discuss it. 2. Final Meeting Conduct a final meeting with the OHA to review the final recommendations. Assumptions: 1. Up to two (2) meetings will be held with the OHA at their offices. Deliverabtes: 1. Meeting notes summarizing discussions with OHA. OWNER involvement: 1. Review, comment, and approve the OHA communication plan prepared by CONSULTANT. Page 4 of 6 TASK.5 PHASE ITEvING AND.RECOMMENDATIONS In this task,, CONSULTANT shall carrpoutthe Phase I Testing Plan developed in Task 3.1:6 generate the data needed to.evaluate. the effectiveness.of the proposed process and operational changes. CONSULTANT. shall: 1. Conduct bench-scale testing of:up to three alternative coagulants, two alternative oxidants,. and optimization of PAC application. a: Bench-scale testing of alternative.coagulants and oxidants will be conducted at: the OWNER's watertreatment plant. 2:: Plant-scalefesting of operational:changes a. CONSULTANT will prepare recommended operational`changesto be performed by OWNER's WTP operations staff. b. CONSULTANT shall instruct OWNER's WTP operations staff regardingthe data to be collected and at what frequency., 3. Conduct distribution system modeling a. CONSULTANT shall; perform distribution system model runs to calculate.water age throughout.the system based on current:system operation practices.. Particular attention will be paid to the water age calculated at'Alsing Reservoir. 4. Phase I Test Results'Analysis The Project Advisors will reviewthe results of the initial Phasel.tests and assist the project team in evaluating the effectiveness of controlling DBPs. If the initial Phase I tests. Prove successful, the Project Advisors will provide, guidance on the recommended full-scale system modifications. If the tests prove unsuccessful, the expert panel will provide guidance: on additional Phase l tests to be run. 5. Phase I Test Report ' a, Prepare a draft report that includes a summary.of the modeling results, tests conducted, the findings, and.the preliminary recommendations to improve DBP compliance atthe WTP and in the distribution system b. Project advisors review of the draft; report and recommendations, o.. Submit the draft report to OWNER for review and comment. d:. Conduct the Phase'fTest results meeting, e. Prepare final version of the Phase I Test Reportfollowing receipt of OWNER comments: .Assumptions: 1_ The budget for this taskassumes'the OWNER willprovide;for the following type' and number of samples for analysis at an off-site lab (Neilson Research Corporation, Medford; OR), a.. TTHMs (70) b'. HAAS: (70) c:. TOC (30) d;. Alkalinity (30) 2, Only one round of testing (initial Phase [),will be conducted (i.e., testing will not be: repeated to evaluate seasonal changes in raw water.quality)..One site visit (two days) to- complete bench scale; testing, Page 6 of 6 3. Only water from Reeder ReservoirfAshland Creek will be tested. Testing of Talent Irrigation District (TID) water can be performed under separate authorization. Deliverables: 1. Data sheets 2. Draft and final versions of the Phase I Test Results Report. 3. Meeting notes from the Phase 1 Test meeting. OWNER involvement: 1. Provide space at the water treatment plant for CONSULTANT to perform tests. 2. Provide a jar test apparatus and other basic laboratory supplies for testing alternative chemicals. .3. Collect samples for THM, HAA, disinfectant residuals at day 3, 5, and 7 as part of the simulated distribution system (SDS) tests. 4. Contract directly with Neilson Research Corporation for sample analysis (expected to range from $15,000 - $20,000 based on the number and type of sample assumed above). 5. Review the draft Phase I Test Results Report 6. Attendance and participation at the Phase I Test Results meeting. 7. Provide current distribution system model. Page 6 of 6 n c z :C8i yS.ad Ral WSS S•8.~,x x ' ~b S ArB S _ :Q5 5= pp •AW ai•a2. S. s} m gg a~ 0 8 a5 W~ Ci° ,1 r :1 1i i g i F A I FC DATE AeC & CERTIFICATE OF LIABILITY INSURANCE 03/221/2013 1/2013 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 0564249 1-800-833-7337 NAME cT Brandin Kirby-Leier Heffernan Insurance Brokers/ PHONE 650.842.5200 FAX 650.842.5201 Heffernan Professional Practices WC, No, 1' Nc No: 1460B O'Brien Drive E-MAIL ADDRESS: brandiak0heffine.com Menlo Park, CA 94025 INSURERS AFFORDING COVERAGE NNUS INSURERA: Hanover Insurance Company INSURED INSURER B: Massachusetts Bay Insurance Company Carollo Engineers INSURER C: Continental Casualty Company 2700 Ygnacio Valley Road, #300 INSURER D: Walnut Creek, CA 94598 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 32590751 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POLICY EFF MPOLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER M DD MIDOrfYYYJ UMn3 A GENERAL LIABILITY X X ZHF8944892 12/31/1 12/31/13 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AG TO NT 1,000,000 E PREMISES E. o=mem*) CLAIMS-MADE OCCUR MED EXP(Myone person $25.000 PERSONAL$ADVINJURY $ 1,000,000 GENERALAGGREGATE 32,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGO $2.000,000 POLICY X PRO- LOC $ JECT AUTOMOBILE LIABILRY COMBINED SINGLE LIMIT En scddent ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per sotient) 3 AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS m acddenl 3 UMBRELLA LIM OCCUR EACH OCCURRENCE $ EXCESS LIM CIAIMBMADE AGGREGATE $ DED RETENTIONS $ B WORKERS COMPENSATION WDF8957499 12/31/1 12/31/13 X WC STATU- DTH- ANDEMPLOYERS'LIA9ILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N❑ NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYE 31,000,000 Use. desonbe urMer DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability AEH288354410 07 04 1 07/04/13 Aggregate 1,000,000 Unlimited Retroactive Da a Per Claim 1,000,000 Deductible 400,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attacl, ACORD 101, Addlflonal Rcmarlu Schedule, If more apace Is required) Operations as per contract on file with Insured. Professional Liability is written in aggregate limits of liability not lase than the amount shown. RE: Disinfection Byproduct Improvements. Project 2012-05. Carollo Project Not yet assigned. City of Ashland, Oregon, and its elected officials, officers and employees are included as additional insureds with respects to General Liability and this policy is Primary s Non-Contributory. 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 ACCORDANCE WITH THE POLICY PROVISIONS. 20 Nast Main Street AUTHORIZED REPRESENTATIVE .J Ashland, OR 97520 /A/1 USA ©1888-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD drichis 32590751 Architects and Engineers The following policy language is from Commercial General Liability Coverage Forms The following are mandatory forms on the policy identified on the Certificate of Insurance: 421-0778 (09 09) CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT • Additional Insured by Contract, Agreement or Permit Under Section II - Who Is An insured, Paragraph 4. is added as follows: 4. a. Any person or organization with whom you agreed, because of a written contract, written agreement or permit to provide insurance, is an insured, but only with respect to: (1) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (2) Premises you own, rent, lease or occupy. This insurance applies on a primary basis if that is required by the written contract, writtenagreement or permit. b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury', "property damage", "personal injury" or "advertising injury". (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. (3) To any person or organization included as an insured under item 2 of this endorsement. (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury', "property damage", "personal injury" or "advertising injury" arises out of sole negligence of the lessor. (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for the land ex- pires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. • Aggregate Limit Per Location (1) Under Section III - Limits of Insurance the General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. (2) Under Section V - Definitions, definition 23. is added as follows: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. CG 2503 (05 09) DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT • Aggregate Limit of Insurance (Per Project) COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Your projects away from premises owned by or rented to you A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: Includes copyrighted material of Insurance Services Offices, Inc., with its permission a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 421-0452 (06 07) OTHER INSURANCE - PRIMARY AND NON-CONTRIBUTORY (ADDITIONAL INSURED) • Additional Insured by Contract, Agreement or Permit Amended - Primary & Non-Contributory The following is added to Section IV - Commercial General Liability Conditions 4. Other Insurance a. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under Section 11- Who is An Insured, is primary and noncontributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited. as follows: 1. Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: 1. For the sole negligence of the Additional Insured; it. when the Additional Insured is an Additional Insured under another primary liability policy; or if!. when 2. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in 3. below. 2. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A- Bodily Injury And Property Damage Liability. Includes copyrighted material of Insurance Services Offices, Inc., with its permission When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CG0001 (12 07) COMMERCIAL GENERAL LIABILITY COVERAGE FORM e Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit' is brought. CG 2404 (05 09) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US e Waiver of Subrogation COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage," that requires you to waive your rights of recovery The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Named Insured: carollo engineers Policy No.: ZHF8944892 Additional Insured: Any person or organization with whom you have agreed in written contract, executed prior to loan, to name as additional insured. This Notice does not form a part of the Insurance contract. No coverage is provided by this Notice, ror can it be coretmed to replace any provisions of the policy (iricluoing its enooreemerss). If there is any mngict between this Notice and the policy (including its endorsements), the provisions of the policy (including Its endorsements) shall prevall. Includes copyrighted material of Insurance Services Offices, Inc., with its permission .aco d CERTIFICATE OF LIABILITY INSURANCE o3n1nMMWM" 3 o1 °"'321/2013 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 (WEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(B), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: N the certlfleab holder Is an ADDITIONAL INSURED, the pol"Iss) must be endorsed, IfSUBROGATION IS WAIVED, Sub" to the terms and conditions of the policy, Certain pollcles may require an endoniament A slateroetd on thb cwtifti a does not confer eortiflcato holder In IISU of such endorsememp . rtghb to the ~MT NtAillift. PRawCwl Pam Patrick Marsh U.S. Consumer olp 600 Corporate Park Drive 177-320-9393 314 512-6250 amela_LPatritklflefleets com St. Louis, MO 63105 ff4WtERNAFFOMNOCDVMWE NAN:e wsuaso w : Protective Insurance Company 12416 Carollo Engineers IIaNMa: 2700 Ygnacio Valley Road, #300 1 Etna= C: Walnut Creek, CA 94598 wassuaL D: awlmu E: 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 CONTACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIK THE INSURANCE AFFORDED BY THE POJCIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMRS SHOIM MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR T OPwEU~ Am N opwMA, JMre MMiRALUABUW EACH OCCURRENCE t COMMERCIAL GEMPAL L"UTY PRUMOMM I t CAAaraAMADE MOCCUR YED EXP YWi bM nee 1 PERSONALEADVINAIRY t GENERAL AGGREGATE 1 GENI A3GrIEO.ATE UWT APPLIES PER PROOUGTS-CGYPA P A00 ' / POLICY f 1. LOC y 1 AUIOMOBAE La1wLm O suwke Ulin 1 s1.000,000 A X ANY AUTO Y Y LE001009 10117/20121U/17n013 OWLYMANY(PaPWMM Is A110NNEDAUTOS 437056 60CILYWARY(Pl Ectl/el0 N SCHEDULED Amos PROPERTY DAMAGE 1 HREDAVTOS ' (FWNXW" NONONNEO AVTOS 1 f YMaRFIAA LNB OCCUR EACH OCCURRENCE I MCE6eLW CWM3414" I~ iAGGREGATE N DEDUCTIBLE I E RETENTION t f NORNMaCW/aM/ATNw T m A/I) MMIU O'UAealiT Me F Fes- ANY PROPg1ETORIPARIEPAXECUINE YIN 91- PACHACLTDENr i WF RAEMBER EXCWOEM EJ alA r (WnWmrybNN1 EI aSEABE-FA EYPIOYE f B ra. /rPa h r E.LasEASE-Pa.ICrLwn t ~1 RE RE Ois OlaideTtON m OFOPMASIONeII.OCAiwNe IY19 201246, rAACaetpr RAeNrNI l Pr,tlryaryrasN Mr,a 9YProduct Impwemms. , Prop~ OrGg C A: srs, a Crab Prgp 9 P; ; o". PWiry PrmNt pr opre:wu Lbrog Woe repuir by v miftw contract. Oily d Is is prm y AriiJ orb Ms duael drr da, crows. Yst yrk, artl ,srsol^Plol'ras erA eJ/Eior:M'rlNrrtl st W sry rq Af:ers reylietl All by winAn pr/mreact.amaWai by +er tdM sW iRSetbn iis is Prov:/e/ onero rwryvw el by wiMan mrNad. Hararcw is P^r^arY aM ranrumlway, CERTIFICATE HOLDER CANCELLATION MOULD ANY W THE AWN OfWMU POUCW M CANCELLED BERWS THE aXrlMreb DATE rADOW, rlm¢a WILL, N MMLMD N ACCORDANCE LATH Tire POUCYPR wtslma City of Ashland _ 20 East Main Street Aunfor4f m Wirjtm m1TM Ashland, R 97520 ® 7888.2008 ACORD CORPORATION. All rights reserved. ACORD 2612008t08) The ACORD name and Jai are roglsterod marks of ACORD POLICY NUMBER: LE001009437056 COMMERCIAL AUTO PIC ENT 1015 0909 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. SECTION II.A.1 - WHO IS AN INSURED is amended to include any person(s) or organization(s) for whom you have agreed in a written contract to provide insurance but only for damages: a. Which are covered by this insurance; and b. Which you have agreed to provide in such contract. 2. The limits of insurance afforded to such person(s) or organization(s) will be a. The minimum limits of insurance which you agreed to provide, or b. The limits of insurance of this policy whichever is less. tiJ C41TY RECOFIDER Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 4/2/2013 11517 ASHLAND, OR 97520 (541)488-5300 VENDOR: 000162 SHIP TO: Ashland Public Works CAROLLO ENGINEERS, PC (541) 488-5587 PO BOX 30835 51 WINBURN WAY SALT LAKE CITY, UT 84130-0835 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Scott Fleury Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price. Disinfection Byproduct Improvements 69,231.00 Project 2012-05 Contract for Personal Services Beginning date: 03/12/2013 Completion date: 10/31/2013 SUBTOTAL 69 231.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 69,231.00 ASHLAND, OR 97520 Account Number . Project Number Amount Account Number Project Number Amount E 670.08.19.00.70420 E 201205.999 69 231.00 Autho ' ed Signature VENDOR COPY FIRM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 3(=s~~ Required date for delivery: A;'= Vendor Name -Tr4c-. Address, City, State, Zip ~2o Sw ~nrr~+~rytcby Sr S,.m rc- SgD V&_t-Z.A&10 b2• `hz39 Contact Name & Telephone Number 1 E ~P~ n q-IV Sce. _ G!Ft~s Fax Number ~3 - 22~ - l}47 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ 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/Wdtten quote(s) or proposal(s) ❑ Stale 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 ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES L1 Special Procurement Intergovernmental Agreement El Agency $5,000 to $75.000 ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost ,~,~lr-1 Ft~Ilor1 P,~t~2cax-TS .L W(~2atEW~i-1T'~ _ . $ raar231.oa Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $ - Project Number Z~(Z _-CAS Account NumberCtq- 03- (`t- Cb- 404iCA Account Number 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 Signature: j Department Head Ignature: t ( ualto or greater than $5,000) City Administrator: c'~ (Equal to or greater than $25,000) Funds appropriated for current fiscal year rtY / NO ~ l/ Finance Director- (Equalro orgre~rthan$5,000) Date Comments: Form #3 - Requisition