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HomeMy WebLinkAbout2013-411 Contract - Steve Ennis Architect Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Steve Ennis Architect ASHLAND CONTACT: Steve Ennis 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 4051 2870 Nansen Dr. Medford, OR Telephone: 541/488-6002 97501 Fax: 541/488-5311 TELEPHONE: 541-618-9155 DATE AGREEMENT PREPARED: December4, 2013 FAX: 541-618-9156 BEGINNING DATE: December 11, 2013 COMPLETION DATE: COMPENSATION: Not to exceed $24,600. SERVICES TO BE PROVIDED: Project Management, Construction Coordination at Ashland Creek Park ADDITIONAL TERMS: N/A 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 B predominantly in a as %here it will be seen by all employees. NEW6£NT ACI S,OR ~RRoRS OR 6M)s5l0rvS /rJ 9. Indemnification: Consultant agrees to nd, indemnify and save City, its officers, employees and agen s harmless from any and all losses, claims, actions, costs, xpenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in ath), 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 06/30/2013, 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; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors, or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000.000, or Not Applicable for each accident for Bodily Injury and Property Damage, 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 06/30/2013, 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: r City of Ashland By ur ~`p m By 0~ Signature Department Head sjEy/ EmAs ~r e--- Print Name Print Name owwfz- I Z (4 Title Dat W-9 One copy of a W-9 is to be submitted with - /A the signed contract. Purchase Order No. PROVED TO RM Asa Attomey Date i - r l- r 3 Contract for Personal Services, Revised 06/30/2013, 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. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. vl~ (3) Telephone listing is used for the business separate from the personal residence listing. V1 (4) Labor or services are performed only pursuant to written contracts. V/ (5) Labor or services are performed for two or more different persons within a period of one year. (6) I 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. )2,16j 1)3 Contractor (Date) Contract for Personal Services, Revised 06/3012013, Page 4 of 5 1 EXHIBIT C STEVE ENNIS ARCHITECT ASHLAND PARKS AND RECREATION ASHLAND CREEK PARK PROJECT MANAGEMENT FEE WORKSHEET November 8, 2013 PROJECT MANAGER A DESIGN DEVELOPMENT DESIGN PHASE (6 Weeks) 1 Initial Meeting (11-06-13) 1 2 Preparation for Meeting on 11-13.13 4 3 Meeting (11-13-13) 2 4 Preparation for Study Session (4 weeks @ 1 hour) 4 5 Study Session (12-16-13) 2 6 Coordinate with Bruce Dickens & Laurie Sager 4 SUBTOTAL 17 B CONSTRUCTION DOCUMENTS PHASE (10 Weeks) 7 Review 50% Construction Documents 8 8 Coordinate Technical Specifications with Laurie Sager 4 9 Complete Front End Bid Documents 6 10 Review 95% Construction Documents 8 11 Coordinate Lead Paint Testing & Abatement 4 12 95% Meeting 2 13 Review Final Construction Documents 4 14 Coordination (10 weeks @ 2 hours) 20 SUBTOTAL 56 C BIDDING PHASE (6 Weeks) 15 Coordinate Printing of Bid Documents 2 16 Review Pre-Approved GCs and LCs 4 17 Apply for & Secure City Permits 3 18 Pre-Bid Conference 2 19 Bid Opening 2 20 Coordination & Reply to Questions (6 weeks @ 2 hours) 12 SUBTOTAL 25 D CONSTRUCTION PHASE (22 Weeks) 21 Coordinate Contracts 4 22 Pre-Construction Conference 2 23 Site Observations & Reports (22 @ 2 hours each) 44 24 Coordination (22 weeks @ 4 hours) 88 25 Completion & Closeout 8 SUBTOTAL 146 TOTAL HOURS 244 HOURLY RATES $100 SUBTOTAL $24,400 Estimate of Reimbursable Expenses $200 ESTIMATE OF PROJECT MANAGEMENT FEE $24,60 0 P. O. BOX 4051 •2870 NANSEN DRIVE • MEDFORD, OR 97501 Phone: (541) 618-9155 • Fax: (541) 618-9156 For, W-9 Request for Taxpayer Give Form to the (Rev. December 2011) Identification Number and Certification requester. Do not an~lanal R°1:8STrr„e ant' send to the IRS. Name (as shown on your income tax return) Steve Ennis ci Busirrem neme/disregarded enflly name. If different from above Steve Ennis Architect ° Check appropriate box for federal tax cleseiscaeon: C I] lndMduavaole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership E] Trust/estate ❑ Limited liability company. Enter me tax classification (C=C corporation, S=S corporation, P=partnersNp) ► ❑ Exempt payee 0 c p o ❑ Omer fees, Instructions) ► ¢ Aridness (number, street end apt or suite no.) Requester'a name and address (optional) PO BOX 4051 City, state, and 21P code m Medford, OR 97501 List account number(s) hem (optional) Taxpayer Identification Number (TIN) Eller your TIN in the appropriate box. The TIN provlded must match the name given on the "Name- line Soclal secutthr number to avoid backup wthholdetor, or For individuals, this is your social security number g. However, for a - m - ~ resident alien, sole proprietor, disregarded entity, see the Part I Instructions on n page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, ace How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identitloellon number number to enter. M41 - 2 7 6 9 0 1 9 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 stn subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or omen U.S. person (defined below). Certification Instructions. You must cross out item 2 above If you have been notified by the IRS mat you are currently subject to backup withholding because you have failed to report ell interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition a abandonment of secured property, cancellatlon,9f debt, contributions to an individual retirement arrangement (IRA) and generally, payments other than ill and divid , you are not required to sign the certification, but you must provide your Correct TIN. See the instructions on page 4. --t Stan ere of oete► 11)3l~Z Here U .S. .S. person► General Instructions Note. If a requester gives you a form other than Forth W-9 to request your TIN, you must use the requester's forth if his substantially similar Section references are to the Internal Revenue Code unless otherwise to this Forth W-9. noted. - Deffnition of a U.S. person. For federal tax purposes, you are Purpose of Form considered a U.S. person if you are: A person who Is required to file an information return with the IRS must • An individual who is a U.S. citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report, for • A partnership, corporation, company, or association created or example, income paid to you, real estate transactions, mortgage interest organized in the United States or under the laws of the United States, you paid, acquisition or abandonment of secured property, cancellation - . An estate (other than a foreign estate), or -of debt, or cordribi Lions you made to an IRA. Use Forth W-9 only if you are a U.S. person (including a resident . q domestic trust (es defined in Regulations section 301.T701-7). alien), to provide your correct TIN to the person requesting it (the Special mles for partnerships. Partnerships that conduct a trade or requester) and, when applicable, to: business in the United States are generally required to pay a withholding _rax.rvtanv.GuaiM.nadneLC'_. 1. Certify that the TIN you are giving is correct (or you are wafting for a sham of income.from.such business. number to be issued), 2. Certify that you are not subject to backup withholding, or Post-iN Fax Note 7571 Date i3 •i Z papa e► a ni 3. Claim exemption from backup withholding if you are a U.S. exempt TO AU From t..l.: EN" payee. If applicable, you are also certifying that as a U.S. person, your V 4vt: allocable share of any partnership income from a U.S. trade a business coJDept. CITY of AspliiW CO. sW% N 0W is not subject to the withholding tax on foreign partners' share of phone 4 Phone p effectively connected income. IS 41 6 B- Cat.No.' Faxo S BB-53ZD Faxp S41J 6lB G g STEVENN-01 AHARMAN' JMMIDO) CERTIFICATE OF LIABILITY INSURANCE DA 5/2 8/2013 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). PRODUCER CONTACT NAME: The Dallas Office PHONE FAX PneWest Insurance, Inc. INC No Ell, (641) 296-2268 INC No, (541) 296-9427 132. BOX 1940 E-MAIL ADDRESS: The Dallas, OR 97058 INSURER(s)AFFORDING COVERAGE NAICp INSURERA:RLI Insurance Company 13056 INSURED INSURER B : Steve Ennis, Architect INSURER C : PO BOX 4051 INSURER 0 2870 Nansen Drive Medford, OR 97501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO 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 ADDL BR POLICY EFF POLICY UP LIMITS LTR TYPE OF INSURANCE S POLICY NUMBER MMIDD/YYYY MMrDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE To RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR M ED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG S POLICY PRO- LO g AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea awdent $ ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per acddent) $ AUTOS AUTOS HIRED AUTOS AUUTOS OWNED PERPAC DENT) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION RSTATU- OER TH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERrUECUTIVE❑ N/A E. I. EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ It Yes, da.W under DESCRIPTION OF OPERATIONS Eel. E. L. DISEASE - POLICY LIMIT S A Prof Liability RDP0007228 611112013 611112014 Ea Claim/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks ScIredule, if mom a pace Is required) 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 ty 20 E Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED l )U 1 A 1T I H OO ~I RIR I Z /y rE 1 J D I , S 11 REPRESENTATIVE S©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 3A MWDDfYYYY `.RO /15/2013 , I ® CERTIFICATE OF LIABILITY INSURANCE 088/15/2013 / 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). PRODUCER CONTACT NAME: CUSTOMER SERVICE PHONE Fax ac No: INC. No. Erfl- 1-800-423-6789 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC If INSURER A: HARTFORD UNDERWRITERS INSURANCB COMPANY 30104 INSURED INSURER B : ENNIS, STEVE & LISA INSURER C: INSURER 0: 225 W NEVADA ST INSURER E: ASHLAND OR 97520-1031 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE JIM n POLICY NUMBER MMIOIDY /YYEFF YY MM1D R DfTYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ TO R=11-- COMMERCIAL GENERAL LIABILITY AMAGE PREMISES Ea occurrence $ CLAIMS-MADE F-IOCCUR MED EXP (Any one person) $ PERSONAL B ADV INJURY S GENERALAGGREGATE $ GEN'L AGGREGATE U MIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY 55PHL589299 08/3 0/2 013 08/3 0/2014 EOa eBINEDISINGLE LIMIT ANY AUTO BODILY INJURY (Per person) $ 100,000 X ALL OWNED J SCHEDULED BODILY INJURY (Per accident) S 300,000 AUTOS AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE $ 100,000 AUTOS Peraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DEC) RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y/N TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE E. L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? F-1 NIA (Mandatory In NH) E1 . DISEASE -EA EMPLOYE $ I(y25, deso,e under DE SCRIPTION OF OPERATIONS belay E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) 08 ACCRA TL 19UUA662XBA040166 - BUSINESS USE 07 HONDA CR-V EX JHLRE48547CO54462 CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND 20 EAST MAIN ST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ASHLAND, OR 97520 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE 'r V ~aiP o~ CRVI ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 4` R ® oATE(MwoonrrY) CERTIFICATE OF LIABILITY INSURANCE 7/12/2013 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 cartificate holder is an ADDITIONAL INSURED, the policy(les) must he 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). NTACT Julie Asher PRODUCER COAME: N Ashland Insurance Inc PHONE (541) 4132-0831 F q.f541)488-5851 585 A Street Suite 1 EDOEMAILSS: jasher@ashlandinsurance. com P. O. BOX SBO INSURERS AFFORDING COVERAGE NAICA Ashland OR 97520 INSURER A:Contractors Bonding 6 Ins. Co. 7206 INSURED INSURER B: Steve Ennis rIN URER C: PO BOX 4051 URER D: URER EMedford OR 97501 URERF: COVERAGES CERTIFICATE NUMBER:CL1371204302 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 1MHICH 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 ADDLSUeR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MID (MWDDMYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PR IS S Ee accunenre S 30D, 000 A CLAIMS-MADE 7x 7 OCCUR X 21AAG990 /10/2013 /10/2014 MED E%P (Any one person) S 5,000 PERSONAL B ADV INJURY S 1,000,000 GENERAL AGGREGATE S 1,000,000 GENE. AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG S 1,000,000 POLICY PRO LOG S AUTOMOSILELIABILITY COMBINED SINGLE LIMI a neNtla ANY AUTO BODILY INJURY (Per person) S ALL OWNED P SCHEDULED BODILY INJURY(Pere¢ideN), S AUTOS AUTOS NON-OWNED PROPERTY CAMAGE S MIRED AUTOS AUTOS '"arcldeN 5 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION Vd: STATU- OTH- pNOEMPLOVERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICERNEMSER EXCtU (Mandobry In NH) EL DISEASE - EA EMPLOYE S II Em,duabeunder DSCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attoch ACORD 101, Addlllonal RanarW Schedule, If mom epee. la mqulmd) City of Ashland and its elected officials, officers and employees as additional insureds. CERTIFICATE HOLDER CANCELLATION (541)488-532C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ^ J Julie Asher /~:2 ACORD 25 (2010/06) © S8 010 ACORD CORPORATION. All rights reserved. INS025 (2oloosyot The ACORD name and logo are registered mar s of ACORD tl I Y i tt`if a'~i: Pagel/1 Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 12/23/2013 00314 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004046 SHIP TO: STEVE ENNIS ARCHITECT PO BOX 4051 MEDFORD, OR 97501 FOB Point: - Req. No.: Terms: net Dept.: Req. Del. Date: contact: Bruce Dickens j Special Inst: Confirming? NO . Quantity - Unit Description Unit Price Ext. Price j Project Manaqement and Construction 24,600.00 Coordination at Ashland Creek Park Special Procurement Approved bV Council 12/0312013 Contract for Personal Services Beqinninq date: December 11, 2013 Completion date: June 20, 2014 I I I I SUBTOTAL 24 600.00 BILL TO: _ TAX 0.00 FREIGHT 0.00 TOTAL 24,600.00 Account Number Project Number Amount Account Number Project Number Amount E 411.12.00.00.70420 E 000054.999 24,600.00 i I ' /c, z3 ~Zoi3 ~/l Authorize ignature VENDOR COPY FvRM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: Z Required date for delivery: Z 11 1 Vendor Name Address, City, State, Zip PO '50JC [ f psj L$?D Nam 1_{ tL~Q~c~ o~ Contact Name & Telephone Number ~i - ( - Fax Number Sql - eo t st-q / :e'C4 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/Written 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 Interciovemmental Agreement '$5.000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ji;* Written quote or proposal tt ched Date original contract approved by Council: i ❑ (3) Written proposals/written solicitation Date approved by C (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost DT- Tb C?G9-20 I. _I $ ;Nl tfoov- - i Item # Quantity Unit Description of MATERIALS Unit Price Total Cost I -21 lJ~ //~L va w ~p TOTAL Per attached quotelproposal 9 COST /`J $ Project Num _ _ Account Number AccountNumberqlc.-_ 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: ITDirector Date Support -Yes/No By signing this requisition form, l certify th the City's public contracting requirements have been satisfied. Employee(,L.(.1(/~ Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year Ly / NO . nm -3 / Z 2 3 Finance Director (Equal to orgreater ien $5,000) Date . Comments: I Form #3 - Requisition Council Communication December 3, 2013, Business Meeting Authorization to proceed with a Special Procurement for Consulting and Project Management to Steve Ennis Architects for Ashland Creek Park FROM: Don Robertson, Parks and Recreation Director, don.robertson!2ashland.or.us SUMMARY This is a request for City Council, acting as the Local Contract Review Board, to approve an exemption from the competitive bid process and directly award a contract totaling $28,000 to Steve Ennis Architects for project management, inspection and construction activities related to the construction of Ashland Creek Park. BACKGROUND AND POLICY IMPLICATIONS: This project for construction of Ashland Creek Park has been awarded a grant for $309,950.00 by the Oregon State Parks and Recreation Grant Program. The initial funds for this project are reimbursable up to 50%. However, 25% of the project must be completed within six months of notice to proceed. The notice to proceed for this project is dated September 27, 2013. Therefore, this project is time sensitive. Parks would like to directly award this contract to Steve Ennis Architects because they are already familiar with the project and can provide services Parks and Recreation staff cannot provide. Awarding this contract to Steve Ennis Architects will help us to meet the deadlines outlined in the Grant Award Agreement. FISCAL IMPLICATIONS: The total cost of this contract is $28,000, which will come out of a combination of a grant Parks received and the Parks CIP for FY'13-' 15. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the contract to Steve Ennis Architects. SUGGESTED MOTION: I move that Council, acting as the Local Contract Review Board, directly award a contract to Steve Ennis Architects for project management, inspection and construction activities in the amount of $28,000 for construction.of Ashland Creek Park ATTACHMENTS: Special Procurement - Request for Approval (Written Findings) SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Ashland Parks and Recreation Date: November 20, 2013 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). I. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Bruce Dickens Parks Superintendent 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From: November 20, 2013 To: June 20, 2014 5. Total Estimated Cost: $27,000.00 6. Short title of the Procurement: Special Procurement of Steve Ennis Architect Supplies and/or Services or class of Supplies and/or Services to be acquired: Construction project management, inspection of construction activities, design consultation during construction, review of shop drawings and submittals, preparation of monthly progress payment estimates and updates. 7. Background and Proposed Contracting Procedure A written quote is attached for the approval of council. A contract for intermediate procurement as a direct appointment for personnel services is the proposed procedure. Background:-Utilization of project management is a practice for bigger projects with the department that staff does not have the expertise to manage. Proposed procedure: Direct award public contract for final construction project management, inspection and construction activities, design consultation during construction, review of shop drawings and submittals, preparation of monthly progress payment estimates and updates. 8. Justification for use of Special Procurement: The original contract on other park projects continued and carried over on to the Ashland Creek Park project. Steve Ennis had worked on the initial coordination of the park therefore staff is recommending to continue this coordination throughout the construction phase. 9. Findings to Satisfy the Required Standards: This proposed special procurement: _X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: This special procurement would be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because Steve Ennis has been involved in some of the preliminary planning of this project and has detailed knowledge that if we were hiring another engineering firm, would require extra staff time. X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Staff does not have the expertise to project manage the details and requirements of this type of public improvement project. (b)(ii) will otherwise substantially promote the public interest in 'a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 27913.065, or 279B.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) i Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us -November 25, 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: November 25, 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on December 3, 2013. This is a Contract-specific procurement to directly award a contract to Steve Ennis Architects for the construction phase of the Ashland Creek Park Project which includes; construction project management services final inspection of project and contract administration. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 2798.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, (Ashland Parks and Recreation, Bruce Dickens, 340 S. Pioneer St. Ashland OR 97520). The seven (7) protest period will expire at 5:00pm on December 3, 2013. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement.