HomeMy WebLinkAbout2013-307 Contract - Covey Pardee Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Covey Pardee ASHLAND CONTACT: Greg Covey 20 East Main Street S Ashland, Oregon 97520 ADDRESS: 295 E. Main no.fi(Ashland Oregon 97530 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-552-1015 i DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: 7/8/13 COMPLETION DATE: 6/30/14 COMPENSATION: $7,700.00 SERVICES TO BE PROVIDED: Program Coordination, Preliminary Design Master Plan of Garfield Park as stated in revised proposal dated June 27, 2013. ADDITIONAL TERMS: Reimbursable expenses (allowance) $200.00 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 $19,825 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 8 predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant 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 Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at an time b mutual consent of both parties. Contract for Personal Services, Revised 06/13/2013, Page 1 of 5 b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; fl. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract, or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, 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 Contract for Personal Services, Revised 06/13/2013, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. • Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant: City of Ashl d By ignature ' By De/ pa~rtment Head. EraE~iZY T coved 3PiE~ Print Name ° Print Name PA1AAe--1P,A-1, L 1143 Title Date W-9 One copy of a W-9 is to be submitted with O®~~ e the signed contract. Purchase Order No. e as to form Contract for Personal Services, Revised 06/13/2013, 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. V (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. 7-31-/3 Contractor (Date) Contract for Personal Services, Revised 06113/2013, Page 4 of 5 295 East Main, No. 8, Ashland, OR 97520 / 541 552 1015 / greg covey Ilc / coveypardee.com LANDSCAPE ARCHITECTS June 27, 2013 - REVISED Bruce Dickens Parks Superintendent Ashland Parks and Recreation Department 340 South Pioneer Street Ashland, OR 97520 Re: Garfield Park Master Plan Scope of Work and Fee Proposal Dear Bruce: Thank you for the invitation to assist with preparing a master plan for renovations and improvements to Garfield Park. Our scope of work is based on our site meeting in March and our meeting with Don Robertson last Monday. The Project Area is defined by the park boundary and includes the adjoining public right of way on Garfield, East Main, and California Streets. SCOPE OF WORK Our Basic Services to prepare the master plan include the following tasks and products: 1. Programming, Coordination, & Preliminary Design: a. Staff Meeting #1: Meet with Parks Director and Superintendent to discuss the project scope, schedule, and preliminary design program. b. Review site base maps, surveys, and aerial photographs provided by the Parks Department and the City of Ashland. c. Prepare a Preliminary Design Program for review and approval to proceed with preparing the draft master plan. 2. Master Plan: a. Prepare a project base map of existing conditions using Parks Department and City of Ashland base maps, surveys, and aerial photographs. b. Prepare a Site Assessment Exhibit showing existing park features and their relative compatibility with the design program. c. Prepare up to three Draft Master Plan Alternatives based on the background information provided. The alternatives will show a range of development, from lowest to highest degree of modification, in plan view sketches. d. Design Review Meeting #1: Meet with Parks Director and Superintendent to review the Site Assessment Exhibit and Draft Master Plan Alternatives, refine the design program, and prepare for the Parks Commission study session. e. Parks Commission Meeting #1 (Study Session): Assist with presenting the Site Assessment Exhibit and Draft Master Plan Alternatives to the Parks Commission, and with facilitating selection of a preferred design direction for further refinement. f. Prepare one final Master Plan based on Parks Commission and staff direction. g. Design Review Meeting #2: Meet with Parks Director and Superintendent to review the final Master Plan and prepare for the second Parks Commission meeting. h. Parks Commission Meeting #2: Assist with presenting the final Master Plan to the Parks Commission for approval. Garfield Park Master Plan Scope of Work & Fee Proposal June 27, 2013 - REVISED Additional Services beyond Landscape Architect's Basic Services may be provided if confirmed in writing. Additional services include, but are not limited to, attending additional meetings with the Parks Commission and Parks Department staff, attending meetings required by the City of Ashland, and preparing site and landscape construction documents, a preliminary opinion of probable construction cost, and plans for City of Ashland planning review and building permit applications. Changes to the proposed project limits, scope of work, budget, or schedule may result in additional services fees. Excluded Services are not a part of Landscape Architect's Basic or Additional Services and are the responsibility of others. Excluded services include, but are not limited to, the following: building design and cost estimating, determining subsurface conditions; determining soil suitability, structure, and compaction; storm water drainage design; all site utility design, except landscape irrigation; structural design of walls and retaining walls over four feet in height; water play facility design; surveying; applications for permits; final construction cost estimating; and construction management. Fees and Payment Tasks 1 - 2 $7,500 Reimbursable Expenses (Allowance) $200 Total $7,700 Basic Services fees will be billed on an hourly basis not to exceed the total indicated. Billing will be once per month for Basic Services, approved Additional Services, and Reimbursable Expenses. Reimbursable Expenses will be billed at actual cost and include, but are not limited to, printing, reproduction, and delivery of documents. Additional Services approved by you and confirmed in writing will be billed on an hourly basis. Our current billing rates are as follows: Principal $110 / Hour Project Manager $90 / Hour Landscape Architect $75 / Hour Contract Our understanding is that you will prepare a City of Ashland standard "Contract for Personal Services" upon acceptance of this proposal. Thank you again for inviting us to provide master planning and design services for this project. Garfield Park is a well-used and significant component of the City's recreation system, and we are looking forward to assisting you and the Parks Commission with establishing its vision for the future. Sincerely, Greg Covey Covey Pardee Landscape Architects Covey Pardee Landscape Architects Page 2 of 2 AC> CERTIFICATE OF LIABILITY INSURANCE DAM (MM OOmrrl 8/16/2013 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: Michael J Hall & Company PHONE FAX Hall & Company E-MAIL F.ti-360-598-3700 AIC No: C. N 19660 10th Ave NE ADDRESS: POulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC p INSURER A:TRAVELERS CAS & SURETY GO OF AMER 31194 INSURED 17660 INSURERS: Greg Covey LLC INSURER C: dba Covey Pardee Landscape Architects INSURER D: 295 E Main Street, Suite 8 Ashland OR 97520 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 107635200 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 TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR INSR WD POLICY NUMBER MM/DD/YYYY MMADD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Eaocwnence $ CLAIMS-MADE [:]OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OPAGG $ POLICY PRO LOC $ 17 AUTOMOBILE LIABILITY Ea a.'d.m $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY (Peraccitlmt) $ NON-0WNED PROPERTY DAMAGE HIRED AUTOS AUTOS AUTOS Per accident IS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ST ER TY ITS FIR ANY PROPRIETOR/PARTNER/EXECUTIVE❑ NIA E L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab: Claims Made 1 105695240 10/2112012 0121/2014 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarl s Schedule, a more space is required) Attn to: Bruce Dickens Project/Job Name: Garfield Park Master Plan CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation Department 340 S Pioneer St AUTH RMED REPRESENTATIVE Ashland OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Bruce, I ordered certificates for Commercial General Liability & Professional Liability to be sent directly to you. We do not need Worker's Comp or Commercial Auto because we don't hire employees. Can you please forward this to Purchasing as verification? Thanks, Greg Covey Covey Pardee Landscape Architects 541 552 1015 I II I III IIII ~ II ll I II 11~ CoveyPardee LANDSCAPE ARCMUCTS ice GREGCOV-01 KAMMIRATA 141°RO CERTIFICATE OF LIABILITY INSURANCE DATE (MMflDD/YYYY) 811116/26/2013 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). TACT IPRODUCER NAMMEE Kathleen Ammirata NA: Medford Office PHONE 779-1321 _F Ax PayneWest Insurance, Inc. (AID, No, EM): (541) _ (AIC, No): (541) 779-9187 138 North Central Ave. ADDRESS: kammirata@paynewest.com 1 Suite 100 - Medford, OR 97501 INSURER(S) AFFORDING COVERAGE NAIC0 _ INSURERA: First Natl Ins Co of America NSURED INSURER B Greg Covey LLG INSURER C Gregory T. Covey 295 E Main St # 8 INSURER D_ Ashland, OR 97520 INSURER E INSURER F: C_OVERAGES_ __CERTIFICATE NUMBER: _ REVISION NUMBER: j 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. iINSR ADDLISUBRI - - - f POLICY EFF~ POLICY EXP LTR TYPE OF INSURANCE INSR MID POLICY NUMBER I(MM/DDNYYY) (MMIDDIYYYY)LIMITS GENERAL LIABILITY EACH OCCURRENCE 8 1,000,000 A X - COMMERCIAL GENERAL LIABILITY X 01C128451140 11/2412012 1112412813 DAMAGE PREMISES TO (Ea RENTED occurrence) s 200,0001 CLAIMS-MADE I-- OCCUR MED EXP(Any one person) $ 10,000; PERSONAL 8 ADV INJURY 1,000,000{ GENERAL AGGREGATE i$ 2,000,000 GENE AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OPAGG $ 2,000,000 F PROu POLICY JECT I___ j LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea aecdenl) $ I ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per acc,0ent) $ NON-OWNED PROPERTY DAMAGE -I I HIRED AUTOS _ AUTOS - - (PER ACCIDENT) -r r _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB___ _CLAIMS-MADE AGGREGATE $ 1 DED I RETENTIONS - - $ WORKERS COMPENSATION I WC STATU D EMPLOYERS' LIABILIITY YIN I TORY_LIMITS__IOER )AN ANY PROPRIETORIPARTNERIEXECUTIVEI ' 1 E.L. EACH ACCIDENT 1$ OFFICER/MEMBER EXCLUDED? u NIA (Mandatory in NH) I IEL. DISEASEEA EMPLOYEE!$ If ns, describe under I 1-- f DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ i DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is roquiretl) Project: Garfield Park Master Plan. The City of Ashland, Oregon, and its elected officials, officers and employees are Additional Insured on any insurnace policies required herein but only with respect to Consultant's services to be provided under this contract. This insurance is primary and noncontributory. I I 1 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 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 _ i AUTHORIZED REPRESENTATIVE - i L I _I © 1988-2010 ACORD CORPORATION. All rights reserved.-_ ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Liberty Northwcrt. CG 76 80 10 02 dh "s , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organlzatlon: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable princi- organization shown in the Schedule subject to the ples of comparative fault. following provisions: 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser of: liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV - COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- o A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". o erations for that insured are completed. b. This additional provision applies only to the No coverage will be provided if, in the absence of this additional insured shown in the Schedule endorsement, no liability would be imposed by law on and the coverage provided by this endorse- ment. CG 78 80 10 02 EP C-AC-03.PPINTDDI-096D-W1 SP f i . i 1 Liberty COMMERCIAL GENERAL LIABILITY N~n4lnvesL CG 66 74 12 07 i j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 a CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART t SCHEDULE I Name of Person or Organization: DUTY TO DEFEND or B or medical expenses under COV- ERAGE C. Paragraph a. of SECTION I - COVERAGE A and No other obligation or liability to pay sums or COVERAGE B is replaced by the following: perform acts or services is covered unless ex- a. We will pay those sums that the insured be- plicitly provided for under SUPPLEMENTARY ! comes legally obligated to pay as damages PAYMENTS - COVERAGES A AND B. because of "bodily injury", "property damage" or "personal injury and advertising EMPLOYERS LIABILITY injury" to which this insurance applies. We will have the right and duty to defend the in- The last paragraph of exclusion e. of SECTION I - sured against any "suit" seeking those dam- COVERAGE A is replaced by the following: ages. Our duty to defend begins once you This exclusion does not apply to liability assumed notify us of a "suit" as described in SEC- TION IV - COMMERCIAL GENERAL LI- by the insured under an "insured contract" ex- ABILITY CONDITIONS, 2.b. However, we cept for that part of a contract or agreement that will have no duty to defend the insured indemnifies any person or organization for their a against any "suit" seeking damages for sole liability. "bodily injury", "property damage", or WRONGFUL EVICTION "personal injury or advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any The following exclusion is added to SECTION 1 - "Occurrence" and settle any claim or "suit" COVERAGE B: that may result. But: The wrongful eviction from, wrongful entry into, (1) The amount we will pay for damages is or invasion of the right of private occupancy of a limited as described in SECTION III - room, dwelling or premises arising out of any: LIMITS OF INSURANCE; and (1) "property damage" to the room, dwell- (2) Our right and duty to defend ends when ing or premises; or we have used up the applicable limit of (2) "bodily injury" sustained through occu- insurance in the payment of judgments pancy of a room, dwelling or premises. or settlements under COVERAGES A Safeso and the Sa1000 logo are registered Irademarits of Snfeeo Corporalion i CG 86 74 12 07 Page 10l 5 EP l C.AGO&PRIA'T -0960.0016-P t ADDITIONAL INSURED - BY WRITTEN CON- This insurance does not apply to "bodily TRACT, AGREEMENT OR PERMIT, OR SCHED- injury", "property damage", or ULE "personal and advertising injury" arising out of operations performed for the state The following paragraph is added to SECTION II - or municipality; WHO IS AN INSURED: c. The insurance with respect to any architect, 4. Any person or organization shown in the Sched- engineer, or surveyor added as an insured ule or for whom you are required by written con- by this endorsement does not apply to tract, agreement or permit to provide insurance "bodily injury", "property damage", or is an insured, subject to the following additional "personal and advertising injury" arising out provisions: of the rendering of or the failure to render any professional services by or for you, in- a. The contract, agreement or permit must be cluding: in effect during the policy period shown in the Declarations, and must have been exe- (1) The preparing, approving, or failing to cuted prior to the "bodily injury", "property prepare or approve maps, drawings, damage", or "personal and advertising opinions, reports, surveys, change or- injury", ders, designs or specifications; and b. The person or organization added as 'an in- (2) Supervisory, inspection or engineering sured by this endorsement is an insured only services. to the extent you are held liable due to: d. This insurance does not apply to "bodily (1) The ownership, maintenance or use of injury" or "property damage" included within that part of premises you own, rent, the "products-completed operations lease or occupy, subject to the following hazard". additional provisions: e. A person's or organization's status as an in- (a) This insurance does not apply to sured under this endorsement ends when any "occurrence" which takes place your operations for that insured are corn- after you cease to be a tenant in pleted. any premises leased to or rented to I. No coverage will be provided if, in the ab- you; sence of this endorsement, no liability would (b) This insurance does not apply to be imposed by law on you. Coverage shall any structural alterations, new con- be limited to the extent of your negligence struction or demolition operations or fault according to the applicable principles performed by or on behalf of the of comparative fault. person or organization added as an g. The defense of any claim or "suit" must be insured; tendered as soon as practicable to all other (2) Your ongoing operations for that in- insurers which potentially provide insurance sured, whether the work is performed for such claim or "suit". by you or for you; h. The insurance provided will not exceed the (3) The maintenance, operation or use by lesser of: you of equipment leased to you by such (1) The coverage and/or limits of this policy, person or organization, subject to the or following additional provisions: (2) The coverage and/or limits required by (a) This insurance does not apply to said contract, agreement or permit. any "occurrence" which takes place after the equipment lease expires; NON-OWNED WATERCRAFT AND NON-OWNED (b) This insurance does not apply to AIRCRAFT LIABILITY ETWE "bodily injury" or "property damage" arising out of the sole Exclusion g. of SECTION 1 - COVERAGE A is re- negligence of such person or or- placed by the following: ganization; "Bodil in1urY° or "property dama e" arisin 9• Y 9 9 (4) Permits issued by any state or political out of the ownership, maintenance, use or subdivision with respect to operations entrustment to others of any aircraft, "auto" ® performed by you or on your behalf, or watercraft owned or operated by or rented subject to the following additional pro- = vision: Page 2 of 5 C-AG-03-PH INTO01-0960_0017-P 1 1 f or loaned to any insured. Use includes oper- "Property damage" to: ation and 'loading or unloading". ( (1) Property you own, rent, or occupy, in- This exclusion applies even if the claims cluding any costs or expenses incurred against any insured allege negligence or by you, or any other person, organiza- other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement, employment, training or monitoring of others enhancement, restoration or mainte- by that insured, if the "occurrence" which nance of such property for any reason, caused the "bodily injury" or "property including prevention of injury to a per- damage" involved the ownership, mainte- son or damage to another's property; nance, use or entrustment to others of any (2) premises you sell, give away or aban- aircraft, "auto" or watercraft that is owned don, if the "property damage" arises out suredor . operated by or rented or loaned to any in- of n, any part of those premises; This exclusion does not apply to: (3) Property loaned to you; (1) A watercraft while ashore on premises (4) Personal property in the care, custody you own or rent; or control of the insured; (2) A watercraft you do not own that is: (5) That particular part of real property on which you or any contractors or sub- (a) Less than 52 feet long; and contractors working directly or indirectly (b) Not being used to carry persons or on your behalf are performing oper- property for a charge; ations, if the "property damage" arises out of those operations, or (3) Parking an "auto" on, or on the ways (6) That particular part of any property that next to, premises you own rent, pro- must be restored, repaired or replaced rented the "auto" is not owned by because "your work" was incorrectly or loaned to you or the insured; ; performed on it. (4) Liability assumed under any "insured contract" for the ownership, mainle paragraphs (1), (3) and (4) of this exclusion - nance or use of aircraft or watercraft; or do not apply to "property damage" (other than damage by fire) to premises, including (5) "Bodily injury" or "property damage" the contents of such premises, rented to arising out of: you. A separate limit of insurance applies to (a) the operation of machinery or Damage To Premises Rented To You as equipment that is attached to, or described in SECTION III - LIMITS OF part of, a land vehicle that would INSURANCE. Paragraph (2) of this exclu- qualify under the definition of sion does not apply if the premises are "your "mobile equipment" if it were not work" and were never occupied, rented or subject to a compulsory or financial held for rental by you. a responsibility law or other motor ve- Paragraphs (3), (4), (5) and (6) of this exclu- hicle insurance law in the state sion do not apply to liability assumed under where it is licensed or principally a sidetrack agreement. garaged; or Paragraph (6) of this exclusion does not ap- (b) the operation of any of the machin- ply to "property damage" included in the ery or equipment listed in Paragraph "products-completed operations hazard". f.(2) or f.(3) of the definition of "mobile equipment". Paragraph 6. of Section III is replaced by the follow- (6) An aircraft you do not own provided it is 1ng. not operated by any insured. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we TENANTS' PROPERTY DAMAGE LIABILITY will pay under COVERAGE A for damages be- cause of "property damage" to any one prem- When Damage To Premises Rented To You Limit is ises, while rented to you, or in the case of shown in the Declarations, SECTION I - COVER- damage by fire, while rented to you or temporar- AGE A, exclusion j., is replaced by the following: ily occupied by you with permission of the owner. J. Damage To Property CG 86 74 12 07 Page 3 of 5 EP C-AG-03.P81NT0o1-0%0.001 &P The Damage To Premises Rented To You Limit is the a. "Bodily injury" or "property damage" ex- higher of $200,000 or the amount shown in the Dec- petted or intended from the standpoint of the larations as Damage To Premises Rented To You insured. This exclusion does not apply to Limit. "bodily injury" or "property damage" result- ing from the use of reasonable force to pro- WHO IS AN INSURED - MANAGERS tect persons or property. The following is added to Paragraph 2.a. of SECTION INCREASED MEDICAL EXPENSE LIMIT 11 - WHO IS AN INSURED: The medical expense limit is amended to $10,000. Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. KNOWLEDGE OF OCCURRENCE SUPPLEMENTARY PAYMENTS - COVERAGES A The following is added to Paragraph 2. SECTION IV AND B - BAIL BONDS - COMMERCIAL GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, Paragraph 1.b. of SUPPLEMENTARY PAYMENTS Offense, Claim Or Suit of: - COVERAGES A AND B is replaced by the follow- ing: Knowledge of an "occurrence", claim or "suit" by b. Up to $3,000 for cost of bail bonds required your agent, servant or employee shall not in itself because of accidents or traffic law violations constitute knowledge of the named insured unless an arising out of the use of any vehicle to which officer of the named insured has received such notice the Bodily Injury Liability Coverage applies, from the agent, servant or employee. We do not have to furnish these bonds. INSURED CONTRACT SUPPLEMENTARY PAYMENTS - COVERAGES A The following definition is added to SECTION V - SUREDS INDEMNITEES AND ADDITIONAL IN- DEFINITIONS, Definition 9. "insured contract" par- agraph f.: Paragraph 2.f.(1) .(d) of SUPPLEMENTARY PAY- (4) That part of any contract or agree- MENTS - COVERAGES A AND B is replaced by ment that indemnifies any person the following: or organization for the indemnitee's (d) Cooperate with us with respect sole tort liability. to coordinating other applicable OTHER INSURANCE insurance and self-insured retention available to the in- demnitee; and The first paragraph of Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- EMPLOYEES AS INSUREDS - HEALTH CARE DITIONS is replaced with the following: SERVICE If other valid and collectible insurance, or any self-in- Paragraph 2.a.(1) d. of SECTION If - WHO IS AN sured retention, is available to the insured for a loss INSURED is deleted, unless excluded by separate we cover under COVERAGE A or B of this Coverage endorsement. Part, our obligations are limited as follows: EXTENDED COVERAGE FOR NEWLY ACQUIRED METHOD OF SHARING ORGANIZATIONS o The second paragraph of 4.c. Method of Sharing of Paragraph 3.a. of SECTION 11 -WHO IS AN IN- SECTION IV - COMMERCIAL GENERAL LIABIL- SURED is replaced by the following: ITY CONDITIONS is replaced with the following: a. Coverage under this provision is afforded If any of the other insurance does not permit contri- only until the end of the policy period. bution by equal shares or is subject to a self-insured retention, we will contribute by limits. Under this EXTENDED "PROPERTY DAMAGE" method, each insurer's share is based on the ratio of its applicable limit of insurance or self-insured re- Exclusion a. of SECTION 1 - COVERAGE A is tention or both combined to the total applicable limits amended to read: Page 4 of 5 C-AG 03-1`9INT001-0950.001 ¢P of insurance of all insurers and the amount of any our right to collect additional premium or exercise our self-insured retention. right of cancellation or non-renewal. t UNINTENTIONAL FAILURE TO DISCLOSE ALL LIBERALIZATION CLAUSE HAZARDS The following paragraph is added to SECTION IV - The following is added to Paragraph 6. Representa- COMMERCIAL GENERAL LIABILITY CONDI- tions of SECTION IV - COMMERCIAL GENERAL TIONS: LIABILITY CONDITIONS: 10. If a revision to this Coverage Part, which would If you unintentionally fail to disclose any hazards ex- provide more coverage with no additional isting at the inception date of your policy, we will not premium, becomes effective during the policy deny coverage under this Coverage Form because of period in the state shown in the Declarations, such failure. However, this provision does not affect your policy will automatically provide this addi- tional coverage on the effective date of the re- vision. CG 86 74 12 07 Page 5 of 5 EP 6-AG 03 PRINT001-0960.0020-P L Page 1 / CITY RECC Ashland Park Commission DATE PO NUMBER. 20 E MAIN ST. 9/3/2013 00265 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000226 SHIP TO: COVEYPARDEE 295 EAST MAIN STREET STE 8 ASHLAND; OR 97520 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: contact: Bruce Dickens Special Inst: Confirming? NO duanti Unit.- Description - - Unit Price Ext. Price ; Program coordination, preliminary 7,700.00 design master plan of Garfield Park as stated in revised proposal dated June 27, 2013. Contract for Personal Services Beginning date: 07/8/2013 Completion date: 06/30/2014 I ' SUBTOTAL 7,700.00 BILL TO: TAX 0 00 FREIGHT 0.00 TOTAL 7,700.00 Account Number - Project Number 'Amount Account Number. ,,._Project Number;,..; :Amount . E 211.12.02.06.60411 7,700.00 VENDOR COPY Authori Signature~ FORM #3~ ) 1 1 6u~ j~y~u~~7ttty CITY OF a ASHLAND A regilesf for a Purchase Order REQUISITION Date f f re t:- n yC!«d ~C_crJ` .t~'/~B~Ke~Stor~~~2'v W Vendor Name l DUf CI PifiY=D~~ Address, City, State, zip actSG,M►~I l No.Sf &.4 faj4n L1r26oH ~753C) 54) -~52 Ita~ Contact Name & Telephone Number ~~t}G~~ Fax Number SOURCING METHOD ❑ Exemle mtitive Bidding ❑ Emergenc❑ Reasoption: Invitation to Bid (Copies on file) Form #13, Written findings and Authorization ❑ AMC Date approved by Council: ❑ Written quote or proposal attached ❑ Writtero sal attached ❑ Small ent Cooperative Procurement Less than $5 000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Wrilten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75,000 ❑ Form #g, Request for Approval ❑ Agency Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost $ loo oe Item # Quantity Unit Description of MATERIALS Unit Price Total Cost r-1 Per attached quote/proposal TOTAL COST Project Number Account Number Account Number A-11-jZ-OZ- -4YJia Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reBect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No z7By signing this requisition form, I certify that the City's public contracting requirements have been~atisfed. Employee Signature: fV~~ IIT_ Department Head Signature: (Equal'to or greater than $5,000) City Administrator: to or greaterthan 25,0 0) Funds appropriated for current fiscal year. NO (Equal Director- (Equal to or rthan $5,000) Date Comments: Form #3-Requisition