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HomeMy WebLinkAbout2014-192 Contract - So OR Transportation Engineering Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Southern Oregon Transportation Engineering -ASHLAND LLC 20 East Main Street CONTACT: Kim Parducci Ashland, Oregon 97520 Telephone: 541/488-6002 ADDRESS: 112 Monterey Dr. Medford Or 97504 Fax: 541/488-5311 TELEPHONE: (541) 941-4148 DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: 7/21/20014 COMPLETION DATE: 6/30/2015 COMPENSATION: Not to exceed $5,930.00 SERVICES TO BE PROVIDED: Reference exhibit C, N. Main St. Crosswalk Analysis Scope of Work ADDITIONAL TERMS: NIA 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 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 06130/2013, 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: L 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. G. 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 Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,0000,%1,000,000, $2,000,000 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 Chan a reduction of limits or Contract for Personal Services, Revised 06/3012013, 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. City of Ashland Consultant- By P,1 By ' ,~sLAutr 11s.al1'R (4~J Si natuurre men Head I`1-1 M & EQL y 1 ,4r ~ i .C.- I a Z LT' . r-,e V Q_ Print Name Print Name r i R-e1 Pg_i N 1 PAd_ -Xit 4 q Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. 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. X (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. >C (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. 712- Contractor (Date) Contract for Personal Services, Revised 0613012013, Page 4 of 5 EXHIBIT C NORTH MAIN STREET CROSSWALK ANALYSIS SCOPE OF WORK: This scope of work includes gathering field data such as pedestrian counts, intersection geometry, sight distances, and lighting sources at select locations along North Main Street between Laurel Street and Maple Street. Field data will then be used to perform crosswalk analyses and determine a preferred location. A draft analysis with all conclusions and recommendations will be provided to City staff for review within two weeks from obtaining all necessary field data. A final draft will be provided within one week of receiving comments from City staff. Representation at public hearings is included for two Transportation Commission meetings and one City Council meeting. Any additional representation will be billed separately in accordance with the ENGINEER'S rate schedule. PROJECT FEE: The project fee is attached to this proposal and labeled as Exhibit B. The total fee and budget is based on a time and material estimate and includes all costs associated with the preparation of a letter analysis as outlined in the scope of work. The project fee is $5,930.00. This proposal is valid until October 15, 2014. 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Y a Y c Y d 0- L .2 N Z N ro N c 1~q > /y0 2 ro t N 0) f0 O U m n. a` v v ~c9-tiwg~n E-a tia F.QE12- ~-y SOUTH03 OP ID: SAW ACOR.O" DATE (MWDDIYfYY) CERTIFICATE OF LIABILITY INSURANCE. 04117=14 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(SN AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE_HOLDE. R. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the pol)cy(ies) must be -endorsed tf SUBROGATION-16 WAIVED, subject. to the forms ;arid condltlons of the popsy, certain policies may rg4ulre an endorsement. A statement on this certificate does not confer rights'to the certificate-holder in Ileu. of.such.endorsemeni s . PRODUCER Phone: 541-773-5338 NA6tE; Sheryl Wlrts Protectors Insurance, LLC AIC Noe : 541-842-2958 Ne: 541-772=19043 PHot Rock Ins Agency LLC (CA) Fax: 541-772-1906 PHONE PO Box 4889 ADDRESS: Shre iW rotectorsins.corn Medford, OR -97501 Karol M. Igoe INSUAER(s AFFORDING COVERAW NAIc! INSURERA:'CNA Continental Casual Co e~suRED Southern Oregori:7ransport_ation wsuRERB:Valle Forge Insurance Ca Engineering LLC IasuRERc:American Casualty Company 112 Monterey Dr - Medford, OR 97504. NsLbtERD INSURER B : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 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, OCCLUSIONS AND CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY HAVE-BEEN: REDUCED BY PAID CLAIMS_ LTR- TYPE OF INSURANCE POLICY NUMBER vwmaff" D LefrTS GENERAL LIABILITY EACH OCCYRREWX f 2.QQD,00 C COMMERCIAL GENERAL. LIABILITY X 'X- 64018109107 03M 512D14 .0311512015 P sksT Ea acm mace S 300100 CLAWS-MADE OX OCCUR MED Om fArH or* Ws«Ir c 10,00 X BUSinesBOWnefe PERSONAL S ADV INJURY f GENERALAGGPEGATE S 4,000,00 GEKL AGGr2EG4TELIMIT APPLES PER: PRODUCTS - COWtOP AGG f POLICY' PRO- LOC f ALITDMOBLE UA13LHY CCUSIINNED SINGLE L '{,000,00 B X ANY AUTO X X 64018108110 111 0311512015 -OILY Fn"Y (Per person). S SCIE 'ALL GWTED ALMS LED LILY In J.M.Y (Per mcidw.tl f KRED NWOVVNEI) PF2CPERTY ~IAGE f HIRED AUTOS AUTOS Per acdddent S UR' EACH OCCU RRENCE # C UMBRELLA LIAR FLO, EXCESS LIAR. CLAIMS-MADE AGGREGATE f QED RETHNTION f WORNEP,g ONPENSATICN .WC STATEN (~T1♦- AND EMPLOYERS' UABLITY E.L. E" ACCIDENT C ANY PROPRETORIPARTNEP D~EC.•LITLVE YIN NIA OFFICERMQr6ER pCCLUDED4 (Msnddtcry In M{) EL. DISEASE - EA EMPLOY f I}yes tlescribe under DESC`R1PTlON OF OPETiA7ICN5 beloW, E.L. DISEASE , POLICY LIMB S A Professlanal Llab C112882"850 03122!2013 _031222017 Occur. 2,000,000 Agg. 4,0001110 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Athih-ACORD '101, Additional Remarks SchediAs; x more.spscs is rsqulma The City of Ashland & i-t's.elected officials, officers,.employees'are 3 Additional Insureds for GENERAL LIABILITY Waiver of Subrogation G_Products Completed.Ops- SWU0176BO109. Cancel per schedule SB147052 E. sB174024C. AUTO- City.of Ashland: Cancel per G300660A Primary per CAOOOI031O.Waiver of Subrogation per CA04440310 CERTIFICATE HOLDER CANCELLATION CITYAS2 SHOULD ANY OF THE ABOVE DESCRIBED.POLICIHS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE: MILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street Ashland, OR 97520 ALTHOR17Eoie=PRESENrTATTVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORI) NOTEPAD S0UTH03 PACE 2 INSURFD'BNMi-: Southern Oregon Transportation OP lb-.-SAW oATE_04117A4 Professional Liability limits changed to $2';0OO,OO6'Oaeurret:oe, $3;Dd0,000 Aggregate effective.gVi7/14. General Liability limits changed to 2,000,000 Occurrence, 4,OOOiOOQ- ggregate effective 04/16/14. 8 Al 21 o y m ! 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Types Notice of Cancellation or Material Coverage Change E Additional Interest Name and Addresss CITY OF ASHLAND 20''E Main St ASHLAND OR 97580 Types Notice:of Cancellation or Material. Coverage Change Additional Interest Name and Addresss CITY OF MEDFORD 411 W-8TH ST MEDFORD , OR 97501 Types Notice of Cancellation or:Material Coverage Change Additional Interest Name and Addreass THE CITY OF COOS BAY, OREGON 500 CENTRAL AVE COOS BAY OR 97420 Type.i Notice of Cancellation or:Material Coverage Change Additional interest Name and Addresas CITY-OF EAGLE-POINT P•:O BOX 779 EAGLE POINT , OR' 97524 LOSS PAYEE SCHEDULE S 8 All loss payees as £hair interests may appear in the.Covsfed Property. The following provisions apply in accordance with the insurable interest of the loss payee: Loss Payee Description of Property: Any Covered Property in which a loss payee, creditor or lender holds an interest, including any person or organization. you Have entered a contract with for the sale. of Covered Property.. AGENT page 5 of 7 S_ 8-147024-C (Ed. 04110) .change: In risk known to .the B: The Buslneasownere Liability. Coverage Form is ma'rtgageholder. amended as follows: All ttieterms of the affected ins;wanaa will 1., The term 'spouse' Is replaced by the following: then apply'direct(y to the mortgageholder. Spouse or indlvldudl who Is in a domestic f: If we cancel this policy, we will give partnership recognized under Oregon law. written notice to. the mortgagoholdar. 2. Paragraph EJ e. Financial Rea . ponsitillIty laws .(1) In accordance with Paragraph a:(1); Buslnes~owners General Liability. Conditions is or replaced by the following: (2) At least a. When this policy is certified: as proof of. (a) 10 days before the effective-date financ(al'responsibiliry for the future under the. of the cancellation if. we' cancel provisions, of any motor vatilde financial .for your non'-payrnant of responsibility' law, the Insurance provided. by' the policy for 'bodily Injury' liability and prernirlm; or 'property damage' liability will comply with the (b) 30 days before the effoctlve. date provisions of the law to 'the extent, of the: Of the cancellation If. we cancel coverage and the following limits of insurance for any other reason other than required by the Oregon financial responsibility proVlded for In Paragraph a.(1). laws: g. if we elect not to renew;thls•.policy, we will (1) $25,0001 because of bodily injury to or give-written notice to the mortgageholder death of, one person in anyone accident; at least 10 days before the expiration date (2) subject to that limit for one person, of this policy. $50;600 because of bodily injury to or 4. Paragraph F. Commerical Property Conditions, death of two or more persons in any one item 1. Concealment, Mlereprmend_ation or accident; and Fraud is replaced by the following: (9) $20,000 because of injury to or 1'. Concealment, Mlsrepfesentatfori'Or Fraud destruction of 'the property of others in any one accident. a. Subject: to Paregraphs: b. and c. below, this entire policy will be void If, whether' If a tinanclgl. respon.1. y law should be before or after a loss; you have willfully, amended to put in force different minimum concealed or misrepresented any material limits of coverage than those. stated above fact or circumstance concerning, this before o? at the time of an accident, th is-policy Insurance or the subject of it, or your shall 'provide the.limlts speciffed In the law as interest In It, or in case of any fraud or amended: false swearing by you relating to it, 1 C. The Buslnesaowners Comrnon Policy Conditlona b. Alf statements made by you or on your are amended as follows: behalf, in the absence of fraud, will be 1. Paragraph A. Cancellation 'is amondod as deemed representations and not follows: warranties. No such statements that arise from an error In the application will be a. Paragraph 2-:1s replaced by the following: used iti defense of a claim under this 2. It this policy has been in, effect for: Coverage Form unless: 1. The statements are contained In A. a. Fewer than 60 days and is not a written. application; and renewal policy, we may cancel for any reason. 2. A copy of the application Is endorsed b. 60 days or more or is upon or attached to this Coverage we.ma more or a for oneo renewal Form when issued. policy, Y only more of the following reasons: c. In. order to use any representation made by you or on your behalf In defense of a (1) Nonpayment of prem[um; claim under the Coverage Form, vre must (2) Fraud or material show that the representations are misrepresentation made by you material and'that.wa railed on them, or with your knowledge in obtaining the policy, 'continuing 86-147024-0 Copyright, 150 Proparl1w Inc., M Page 2 of 3 (Ed. 04/10) 8I3-147024-C (Ed. 04110) the policy or in presenting a interest in it, or in case-of any fraud oir claim under the policy; false swearing by you relating to it. (3) Substantial increase in the risk of 2. All statements made by :you or on ybur loss attar Insurance coverage behalf. In the absence of, fraud, will be has been lssuad or renewed, doemod representations and not . including" but not limited to an Warrantles. Nwsuoh statementa that arise Increase In exposure due to from an error -in the appilcation will be rules, legislation or court used in defense of a claim under this decision; Coverage Form unless: (4) Substantial breach of contractual a. The statements are contained_ In a_ duties, ccndltlons or warranties; written application; and (5) Determination by the b. A copy of-the . application Is endorsed .commissioner that the upon .or attached' to -this Coverage continuation of a line of Form when issued. insurance or class of business to 4. In order to use. any representation made which the' policy belongs will jeopardize our solvency or will by you or on-your behalf in defense of a place us in violation of the claim under the Coverage Form, we must insurance laws of Oregon or any show that the representations are other state; or material and that we relied on them. '(6) Loss. or decrease in reinsurance .3. The following paragraphs are added • and covering the risk, supersede any provision to the contrary: M. Nonrenewal c. .60 . days or more or is a renewal policy, we may cancel for any 'other We may elect not to renew this policy by reason approved by the mailing or delivering:. to the first Named commissioner by File. Insured, at the last mailing address known to $ b. Paragraph 3. Is amended by the addition of us, written notice of nonrenewal-before the: :the follomh% a. Expiration date of the policy; or I We will xnsi) or deliver to. the first. Named b. Antifvarsary date of the policy if the policy Insured written notice of cahcaliation, is written for a term of 'more" than one'year stating the reason fo► cancellation. or without a fired expiration date. c. Paragraph. 6. Cancellation does not apply.. However, if this policy Is Issued for 'a term of d. The following paragraph is added: more than one year and for additional consideration the premium is guaranteed, we 7: Number of Days' Notice of Cancellation: may not refuse to- renew the policy at its a. Cancellation will not be effactive until anniversary date. at least 10 working days after'the first Nonrenewal will not be effective until at least Named Insured receives our-h6tics. 45 days after the first Named Insured receives 2. Paragraph C. Concniment, Mlsrepreserrtatton our notice. Or Fraud Is replaced by the following: N. Malting Of Notices 'C. Concealment, Misrepresentation Or Fraud It notice of cancellation or nonrenewal Is 1. Subject to Paragraphs 2. and 8. below, mailed, a- post office certificate of mailing will conclusive prool this entire poticy will be void if, whether that the first Named before or after a loss, you have willfully Insured received the notice on the third concealed or MisrepWamed.any material caiendar.day.after the date of the certificate of fact or circumstance concerning this mailing. Insurance ;or the subject of it, or your r~ ff~ SBA47024-C copyright, ISO Prowdles, I=; 2001 Page 3 of 3 (Ed. 04/10) CNA (Ed o~ THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION QR MATERIAL COVERAGE CHANGE. This endorsement modifies insurance.provided under the following: i3USINESSOWNtRS COMMON POLICY CONDITIONS In the event,of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reductfon.of aggregate limits through payment of claims), we agree to,.mail prior written notlce,of cancellation or material "change to;. SCHEDULE Name of Designated Entity: Address/Cor6ct Information of Designated Entity; 1riftw tailon required to complete this Soheduly; i1 not shown above, will be shown in the Dedaraiona. The following conditions are added: 3. If we. cancel or elect not to renew .this policy for non_. y'trot of we wiA 1116 written j 1. If the policy 6 cancelled or nof.renewed, we will notice to the Dpremium, ignated Entity shown in the give written notice of such cancelletiori or Schedule above., or in the Oeclaratlons,.ter the Such nonrenawal to the Designated Entity shown In the notice may be provided before or af Schedule above, or In the Declarations. Such notice may be delivered or sent by any means of effective date of cancellation of nonrenewal. g our choosing, The notice to the Designated Entity' 4. Failure to give.llotice in accordance-wlfh the terms will state the effective date of -cancellation or of-this endorsement does not nonrenewal, However, such notice df.cancellation a. Alter the effective date--of politiy cancellation, or nonrenewal is solely for the purpose of Informing the Designated Entit§ of the effective nonrenewal or expiration; date. of cancellation or nonrenewal.and does. not b. Render such cancellation or nonrenewal grant, alter, or extend any rights or obligations fnitffectlve; under this policy. c. Otant, alter, Or extend any rights or 2. If we cahcel or.olect not to. renew the policy for obligations under this policy; or a any reason other than nonpayment of premium, we will, ONe written_ notice. to the Designated Entity d. Extend, the insurance beyond the effective .shown. In. the Schedule above, or in the date of cancellation or policy expiration; lieclaratlons at: the'same time ,notice is given to whichever comes first the first Named Insured. r 58447052713 Page 1 of 1 (Ed. 06111) i CAFA POLICY NUMBER: COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverags provided by this endorsement, the provisions of the:Coverage Form apply unless modified by this endorsement. Th1s endorsement identifies person(s) or-organization(s) who are `insurdds' under the Who Is An insured Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date bf the policy unless another date Is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Re resentafive SCHEDULE M $ Name of Person(s) or OrganlsetiortM. OREGON COAST COMMUNITY ACTION CITY OF ASHLUD The City of Medford and its.offi6erg, employees and • agents while acting within the scope of the duties as such are additional insured's_ (It •no entry appears above, -information required to complete.this endorsemerit will ba shown in, the beolaratlons as applicable to the endorsement:) Each person-or organization shown In,N--Schedule is -66 `insured` oitLiabiility Coverage, but only to' the extent that person or organization qualifies as an 'Insured' under the Who. Is An, insured Provision contained In Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc:, 1998 Page i oil r ~r~~ G-300660-A j (Ed. 06M) 4. • t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF *CANCELLA7ION OR MATERIAL CHANGE This endorsement mbdiiles insurance provided under thetotlowing: 8USINESSktO G VERAGE FORM GAFtAGE COVERAGE FORM -TRUMEAS GOVEI AGE FbAM 76 19 endorsematrt changes the policy effective on the Inception date of the polky unless another date Is Indicated below: Endorsomenf-Effective. Poky 146inber Naradd Insured Countersigned by (Authofted-_Representafive) In the event of cancellation or matendl change that reduces or restricts the insurance afforded by this Coverage Partt•we agree to mail prior written, notice of cancellation or material change to: SCHEDULE 1_ Number of days advance notice: 30 o Z Name: CITY OF ASHLAND 3. Address: 20 E. MAIN ST. ASHLAND, OR 97520 r.:.r s im G-300660-A page 10 1, B. General Conditions d. When this coverage form and any. other 1. Bankruptcy coverage form or policy covers an the same basis, either excess or primary, we will pay Bankruptcy or insolVency of.the "insured" or the only our share. Our share is the proportion "insured's".estate will not relieve us of any obli- that the Limit of Insurance of our coverage gafions under this coverage form. form bears to the total of the limits of all the 2. Concealment, Misrepresentation'Or Fraud coverage forms and policies covering .on This coverage form is void in any case of fraud the same basis, by you. at any time as it relates.to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage. sured", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you.would have when this policy began. Vale a. This coverage form; will compute the final. prerrtium due when b.- The covered "auto"; we detePrnine your actual exposures. The estimated total premium will be credited c. Your interest in the covered "auto"; or against the final premium due and the first d: A claim under this coverage form. Named Insured will be billed for the bal- 3. Liberalization ante, if any. The due date for the final pre- rTiidrh or retrospective pr6mid n is the date If we revise this'coverage form to provide more shown, as the due data on the bill. If the es- coverage withouf additional premium •charge, timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revisibn is ef- get a refund. fective in your state. b. If 'this policy is issued for more than one 4. No Benefit To Bailee - Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person' or of each year of the policy. organization holding, staring or transporting 7. Policy Period, Coverage Territory property for a fee regardless of any other pro- Under this'coverage form, we cover "accidents" vision of this coverage form. and "losses" occurring: 5. Other insurance a. During the policy period shown in the Dec- a. For any covered "auto" you own, this cov- larations; and erage farm provides primary insurance. For any covered "auto" you -don't own; the in- b. Within the coverage territory. 'surance provided by this coverage Farm is The coverage territory is: excess over any other collectible insurance. (1) ''The United States of America; However, while a covered "auto" which is• a "trailer" is connected to another vehicle, the (2) :The territories and possessions of the Unit- Liability Coverage this coverage form pro- Statesof America; vides for the "trailer is: (3) Puerto Rico; (1) Exoass while it is connected to a motor (4) Canada; and vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered"auto" you own. ger type is leased, hired, rented. be bor= b. For Hired Auto Physical Damage Coverage, rowed without.a driver for a period of 30. any covered "auto" .you lease, hire, rent or days or less; and borrow 1s deemed to be a covered "auto" (b) The "ihsured'e' responsibility to pay you own. However, any "auto" that is damages is determined in a "sult" on the: leased, hired, rented or borrowed with a merits, in the United States of America. driver is not a covered "auto". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of Amerka, Puerto :Rico a. above, this. coverage form's Liability or .Canada or in a sett lement we agree. Coverage is primary for any liability as- to, sumed under an "insured contract". CA 00 0103 10 O Insurance Services Office, Inc., 2009 Page.9 of 12 O POLICY NUMBER. COMMERCIAL AUTO CA 04 44'0310 THIS;ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT'CAREFULLY. WAIVER OF TRANSFER OF RIGHTS. OF.RECOVERY AGAINST OTHERS TO Us.(WAIVER OF SUBROGATION) This endorsement"modifies insurance provided, under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE GOVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply. unless modified by the endorsement. This. endorsement changes ft policy effective on the Inception date of the policy unless another date is.indictited below. Named kwured: Endorsement Effective Pate: SCHEDULE Q a. Name(s) Of Persons} Or Organiistion(s): CITY OF MEDFORD CITY ov FaGLE POINT THE CITY OF COOS BAY, OREGON City of..Ashland IMorm'ation required.,to complete this'Schedute, if not shoum above; will be:'shown in'the Declarations. The Transfer Of Rigtrts.Of Recovery Agelnaf Othera To Us Condition does not apply to the person(s) or organization(s) shown In the Schedule, but only to the extent that subragafioh is waived prior to the 'accident' or the 'loss' under a contract with that person or organization. e= I~ a 0 EA o4 44 o3 io Copyright, Insurance Services Office, Inc., 2004 page 1 oil Page 1 / 1 CITY OF DATE PO NUMBER ASHLAND irl 20 E MAIN ST. 7/25/2017--~ 12401 ASHLAND, OR 97520 pma- (541) 488-5300 VENDOR: 013519 SHIP To: Ashland Public Works SOUTHERN OREGON TRANSPORTATION, ENGIN (541) 488-5587 112 MONTEREY DRIVE 51 WINBURN WAY MEDFORD, OR 97504 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Scott Fleury Special Inst: Confirming? No Quantity Unit Description ' Unit Price Ext. Price N. Main Crosswalk Analysis 5,930.00 Contract for Personal Services Beqinninq date: 07/21/2014 .Completion date: 06/30/2015 SUBTOTAL 5,930.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 5,930.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.12.00.70420 E 201124.999 5,930.00 7Z / VENDOR COPY AuthorizeO-Signature g F'aRM #3 CITY OF ASHLAND 1 re ;)~3es?t for 'a sPil~)h"ase Order t~ REQUISITION Date of request: :71?34 Required date for delivery: pso,Q Vendor Name Sc~.~tu~~Q ra o2~E coc,~ -fV ytJSPaeraito~.t Address, City, State, Zip t t2 ~,t flit 1NEiJE~ O E o2 soq Contact Name & Telephone Number %VA P*%2-0uc_c i Skt~ q 41 _ 4t4~ Fax Number 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 Intergovernmental Agreement $5.000 to $75.000 ❑ Form #9, 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) I Description of SERVICES Total Cost t-~- AA&.-trl c¢osswa,t, -fiee•tAt-~s~ $ 30 , t9D Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $ Project Number Account Number Account Number Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form, 1 c rtify that the City's public contracting requirements have been satisfied. Employee: Department Hea 1051c-n Z3~2a Department rvisor: l City Administrato . L dal to or greaterthan $5,000i " ~----{mall to or greater than $25,000) Funds appropriated for current fiscal year YE 7/,? j / Finance Director- (Equal to orgreater t $5,000) Da (e Comments: Form #3 - Requisition