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HomeMy WebLinkAbout2014-214 Contract - Hardey Engineering & Associates Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Hardey Engineering & Assoc. Inc -ASHLAND CONTACT: Travis Hardey 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2870 Nansen Dr. Medford 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 772-6880 DATE AGREEMENT PREPARED: Jul 24, 2014 FAX. BEGINNING DATE: Jul 28, 2014 COMPLETION DATE: COMPENSATION: Time and materials based on 77.50 - 80.60 Not to exceed $6,500.00 SERVICES TO BE PROVIDED: Inspection of Ashland Creek Park for Erosion and Sediment Control during Construction of park at 27 W. Hersey St. Ashland OR 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 $20,142.20 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: Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing, and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to 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. Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its 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 Ex it A and herein incorporated b reference. onsultant: City of Ashlan - 7 1 - By / By Siignaturre D ment Head Ha ,ale Print Nam Print Name FKZ,?,n esy I7ev~oP~eK~ Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. t1 APP"D AS TO FORM AshIS itY A Y Contract for Personal Services, Revised 07/08/2014, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. t✓ (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) 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. ~9~ &ntractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 2870 NANSEN DR. PO Box 1625 KA MEDFORD, OR 97501 541 .772.6880 HEA-INC.COM HARDEY ENGINEERING & ASSOC. INC. PROPOSAL FOR PROFESSIONAL SERVICES CONTRACT FOR SERVICES July 24, 2014 Bruce Dickens Parks and Recreation - Parks Superintendent City of Ashland 340 S Pioneer St, Ashland, OR 97520 dickensb(a ashiand.or.us Re: Ashland Creek Park: Erosion & Sediment Control Inspector Dear Bruce, Thank you for the opportunity to present this contract for Inspection Services on the above referenced project. Services provided are as follows: 1. Provide erosion control inspection and monitoring services per the approved 12000 permit. Inspections will be provided on a weekly basis with two extra inspections provided for significant rainfall events. The estimated fee is based on weekly inspections for 22 weeks, covering the construction contract to substantial completion. If additional inspections and/or reporting is required beyond this time, we will need to renegotiate the fee. Rate: $77.50-$80.60 per hour. Total Not to Exceed: $6,500 Our scope of work and fee does not include design of any off-site facilities, traffic impact studies, environmental studies, geotechnical studies, filing fees, plan review fees, application fees, other affected agency fees, staking, or other work not specified above. The above mentioned work will be performed on a Time and Materials Basis not to exceed $6,500 in accordance with the Fee Schedule "A" and Standard Contract Provisions attached, which are incorporated in this Contract For Services. Any changes to the scope of work will be renegotiated. If this proposal meets with your approval, please have an authorized representative or owner, sign, date and return one copy to this office, along with a $0 retainer. By signing, both Hardey Engineering & Associates and the owner will be bound to the other party to this agreement and to the partners, successors, executors, administrators and legal representatives of such other party, in respect of all covenants, agreements and obligations of this agreement. We will proceed with work upon receipt of the signed Contract For Services and retainer. The estimated fees are subject to receiving written acceptance within 30 days and completion of the project within one year. The terms and conditions of this Proposal For Professional Services Contract For Services ("Proposal For Services") shall supersede any contrary provision in any Contractor/Subcontractor Agreement. Whether this Proposal For Services is attached to any AIA document, Prime Contract or similar agreement (or a stand-alone document) and where any provision of such document, contract or agreement is inconsistent with a provision of this Proposal For Services, this Proposal For Services shall govern. MEDFORD I BEAVERTON I HOUSTON TRADITIONAL PRINCIPLES - MODERN APPROACH Thank you for the opportunity to submit this Proposal For Services. We are looking forward to the opportunity to serve you on this project. If you have any questions, please do not hesitate to call. ENGINEER ACCEPTED HARDEY ENGINEERING & ASSOCIATES INC. By: % By: Authorized Si attrre Authorized Signature Title: y5/~es5 P21/01jOwc le - Title: Date: Z r 1 ~ Date: Attachments: Standard Fee Schedule "A" & Standard Contract Provisions u:\marketing\proposals\ashland creek park erosion control.doc H EA I PAGE 2 OF 2 HARDEY ENGINEERING & ASSOCIATES, INC. STANDARD FEE SCHEDULE "A" & STANDARD CONTRACT PROVISIONS L STANDARD FEE SCHEDULE The compensation of Hardey Engineering & Associates, Inc. for work done on the basis of salary cost times a factor, plus incurred expenses (which may be referred to as "time and materials" or "standard billing") will be the sum of all of the items set forth below: A. PERSONNEL SERVICES 1. An amount equal to Hardey Engineering & Associates, Inc.'s direct labor cost times a factor of 3.1 for all services performed by principal and employees engaged directly on the project. 2. Overtime premium (overtime hours worked times the difference between overtime and straight-time pay rates) if the Client's requirements make overtime work necessary. B. TRAVEL AND TRANSPORTATION EXPENSES 1. Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a service charge of 10%. 2. $0.565 per mile for use of vehicles. 3. Eight dollars ($8.00) per hour for use of survey trucks, $25.00 per hour for GPS equipment, $50.00 per hour for RTK equipment, and $35.00 per hour for survey robotics. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Hardey Engineering & Associates, Inc. by outside consultants, professionals, or technical firms engaged in connection with the order, plus 15% overhead costs. D. MISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, reproduction work, and other services, including communication expenses, procured by Hardey Engineering & Associates, Inc. from outside sources, plus a service charge of 10%. All out-of- pocket expenses not included in Items A, B, and C, will be included in this category. II. STANDARD CONTRACT PROVISIONS 5.1. Reuse of Documents. All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at (Continued next page) STANDARD FEE SCHEDULE "A" & STANDARD CONTRACT PROVISIONS OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting there from. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 5.2. Opinions of Cost. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost estimator. ENGINEER's services to modify the Contract Documents to bring the Construction Cost within any limitation established by OWNER will be considered Additional Services and paid for such by OWNER. 5.3. Other Provisions Concerning Payments. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1.5% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.4. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered to the date of termination, all Reimbursable Expenses and termination expenses. 5.5. Controlling Law. This Agreement is to be governed by the law of the principal place of business of ENGINEER 5.6. Successors and Assigns. 5.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 5.6.2. the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. (Continued next page) STANDARD FEE SCHEDULE "A" & STANDARD CONTRACT PROVISIONS 5.6.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independent professional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. 5.6.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 5.7 Mediation. 5.7.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party, except as established in Section 5.7.4. If such matter relates to or is the subject of a lien arising out of the ENGINEER's services, the ENGINEER may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. 5.7.2. The OWNER and ENGINEER shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, except as established in Section 5.7.4., which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 5.7.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 5.7.4. Section 5.7 shall not preclude or limit ENGINEER's right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. 5.8 Arbitration 5.8.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 5.7 except as established in Section 5.7.4. 5.8.2. Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. (Continued next page) STANDARD FEE SCHEDULE "A" & STANDARD CONTRACT PROVISIONS 5.8.3. A demand for arbitration shall be made within a reasonable time after the claim; dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 5.8.4. No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the OWNER, ENGINEER, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 5.8.5. The award rendered by the arbitrator or arbitrators shall be final. 5.8.6. Section 5.8 shall not preclude or limit ENGINEER's right to file an action for collection of fees if the amount in dispute is within the jurisdiction of the small claims court. 6.0. Limitation of Liability To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's Consultants, and any of them, to OWNER and anyone claiming by, through or under OWNER, for any and all claims losses, costs or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty express or implied of ENGINEER or ENGINEER's officers, directors, partners, employees, agents or ENGINEER's Consultants or any of them, shall not exceed the total compensation received by ENGINEER under this Agreement. 7.0. Litigation Costs In the event of any litigation arising from or related to the services provided under this agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. W:\FORMS\Standard Contract Provisions revised 08.13.13 ACORD ~ ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYr F7/25/2014 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 NCONTACT AME: Kendall YeaW Protectors Insurance, LLC PAIL No E>di•(541)842-2963 wc. No 541 772-190 P.O. Box 4669 E-MAIL Medford OR 97504 ADDREss:kendall rotectorsins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:CNA Continental Casual CO INSURED HARDE-1 INSURERB:Ohio Security Insurance Hardey Engineering & Associates Inc INSURERC:Ohio Casual Insurance__ PO Box 1625 INSURER D:SAI F Corporation Medford OR 97501-0124 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 2099478655 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 AD DL SUBR I POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDDIYYW MMIDDIYYYY B GENERAL LIABILITY BZS55569489 /12/2014 /12/2015 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY I PREMISES Ea occurrence)-_._ $1,000,000 CLAIMS-MADE Ix I OCCUR j MED EXP (Any one person) $15,000 _PERSONAL & ADV INJURY $ I GENERAL AGGREGATE $2,000,000 III-GEN"'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ POLICY x] PRO- LOC $ B AUTOMOBILE LIABILITY BAS55569489 /12/2014 /12/2015 Ea accident $1 00Q000 x ANY AUTO BODILY INJURY (Per person) $ ALL AUTOS OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ C X UMBRELLA LIAB X OCCUR US055569489 /12/2014 /12/2015 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ D WORKERS COMPENSATION 43247 ,/112014 /1/2015 X WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F-] N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $1,000,000 A Professional Liability EA113806363 /2012014 120/2015 Per Claim Limit $2,000,000 Annual Aggregate $2,000,000 Deductible $20,000 per claim i, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder is named as additional insured per policy form j BP7996(0609): 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. 20 E Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD I BIaSNE560kYNERS Section II - Liability Is amended as follows: BP?0 g0 9601 ' v 1. SUPPLEMENTARY PAYMENTS THIS ENDURSFNENi CHANGES THE POLICY, PLEASE READ IT CAREFULLY, Paragraph f4lir(b) of A Coverages is replaced by in a following: to) Up to SW for cost of ball bond required lamufa of accidents or Daft few violations stal g out of BUSINESSOW NERS UABIUTY EXTENSION ENDORSEMENT the use of any vehicle Io which Buslrott )Jeb)6ly Coverage for'badgy Injury" applies. WsdO not have to Nodsh the bonds. This endorsement modfles Insurence provided under the following: Paragraph I,f.(1)(d) of ACovasages Is replaced by the following; BUSINESSQWNERS COYEIIAGE FORM 1.1 All Fee:oabie eapemes Incurred by the Insured at our request to assist tea In she InvesUgodon or defense of the dalm or r'sult,% Including actual loss of earningt up to $aBg a day because of time oil fromwork. SUBJECT it BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TOYOU With rsspattto the coverage provided under this andariarma t, Secean II- Liability I"frondal As fae-w.: AGGREpATEUMiTSOF)NSURANC£ 9 1. The final paragraph of B.I. Exclusions - Appllcabte To Bminass Liability Coverage Is deleted and rapteced by the following: AMENDMENT GF INSURED CONTRACT DEFINITION 4 With fetpect to the premises whkh are rented to you or temporarily occupied by you with the Pefmis- sloe of the owner, Exclusions e, d., e., IF,, Is., lc, L, m., a and a do not apply to'property damage'. BAIL SONGS I 2. Paragraph 0,2, Liability And Medical Expanses Umha Of Insurance Is deleted and replaced by the fdrowing 6LANKETADOITfONAt INSURED (OYJNERS, OONTRACTORS OR LESSORS) 2 The most we will Pay under this endorsement for the sum of all damagas because of ell "PropArty damage' to premises while rented to you or temporarily orxupiad by you with the permission of the ROOILYINJURY 3 owner is the UmR of Immonce shown In the Declaration. S. Paragraph D.3. Uatlnsly And Medcal Expenses Limits (111nsurarta is dalsted. BROIhDENEDOOYFJiAG£TOR 4A1fJ~Ca£TO PREMISSR£NTEDTOYW 1 RI INCIDENTAL MEDICAL MALPRACTICE Exclusion f.).{4) does net appty to Incidental Medical Malpractice In)urycoverage. DUTIES IN THE EVENTOFOCCURRENCE, OFFEN9E,CWMOR SUIT 3 The following is added to F. LIABILITY AND MEDICAL EXPENSES DEMOTIONS,, INCIDENTAL MEDICAL MALPRACTICE 2 23. 'InOdantel Medical Mesetactba Inuury" mans bodily Injury arising out of the tendering of or failure to render, during the poiley period, the following sarvieas: LOSSOF EARNINGS I a. medical, surgical, dental, x-ray or nurohng service or treatment or the furnishing of food or Is". oragos In connection therevdlh; or MOBILEEOUipwNT 2 b. the furnlehing adapensirgoft!"sor medical, dental or surgical supplies oreppllancea, This coverage does not apply to. NEWLY FORMEDORACOUIREOORGANIZATIONS 2 a. expenses Incurred by the insured for first-old to others at the lima of an accident and the Dulles In the Event of Occurrence, Claim or Suit Condidon is emsrsdad accordingly; PERSONAL AND ADVERTISINGINJURY 3 2. any Insured angaged In the business a -caupadon of providing any of the z-lcos described under a. and b. above; SUPPLELIENTARY PAYMENTS 2 3. fMufy caused by any Indemnities R such Indemnitee Is engaged in the buslnass or occupil)on Of providing any of the service. doicr3ed undone. and Is. above. EV. MOSILEEOUIPMENT 1. Secdon C. Who Is An Insured It amended to include any person driving "mobile egWprnem' with your permiselnn. V. BLANKET ADDIt(ONALINSURED (OWNERS, CONTRACTORS ORLESSORS) 1. Section C. Who Is An Insured is amanded to Include as an Insured any person or orgarJzatlon whom you are regWsed to name as on additional Insured on this policy under a written conuact or written somemma. The-Iltentonuncl oragreemem must Le: a. currently lnellectar tecaminp sire-rive tieing the tarn ofNia policy; end It. axecotedprior to the "bodlyln)ury","property damage",'paisonasand adverRoIngInjury, ateaato," spnualMraanas owpa, An ryMa nasnea °Jtoa U" wnuer 1---. C"*-,. Ja ygma,nw.d BP 78880809 stir encapnbhcaefa.udddraransu enviers Died, v,a.wsdrwwoenaa.. Page lef4 Bp 799606 09 ncsvaes wprr>~r.d cuarxtarhumenw s.+t:.. ort<e. wa,.sh ire Pa+ai>arr. Paget of4 2. The insurance provided the additional insured is lirmled is follows: VIFLOJTIES IN THE EVENT OF OCCURRENC13 OFFENSE-CLAIM OR SUIT a. The potion or orgatratfon is cnlyan additional lnauradwith roapectto nabiNty arising out of 1. The requirement In F. Liability And Medits)Expenses General COnd'Nom paragraph 2a- that you must (f) final properly, me daseribe0 Ina written oonuact or written agreement you own, rant, lease, sea to It that we ore notlMtd of an'accarrence" or offense which may result In a claim applies Only malneainoraaeupy; when the "0aurrence" la known to any Insured listed In Paragraph C.t. Who Is A. Insured or any our S !raa stlons performed for that lntufad. "employee'authodzed by yeaw gWaorroce7va rwticaofan"-aufrence" or claim. 12) Caused in whole or In part byy hea p pn 2. The requirements In E. UabfTriy And Medical Expenses General CoMillons paragraph 2.b. that you b. The limits o M written Insurance applicable to the additional Insured are those a stet Specified in the etars. must sea to it that wo receive notice of a claim or "sett" WIN not be considered breached unless the contract c wrlsa r agreement K the BmRa austa of ender this polcy, as staled in the Dallas- bfaach oauls Arta Such ctelm of "auR'to known to any Insured listed underitafagraph C.I. Who la An ilons,le nd.,t ea~olic. This WnR. ereirtN.ive ofaMfwt1n add)tbnlothe lops, oTInimarsa Insured or any "employee" authorized by you to like or recefva notice of ait amcurronce"acra im. available bla urdarthla policy. IX. BODILY INJURY a. The Insurance provided LAS addidonaUnsated does not apply to: Paragraph B.of F.Liability And Medical Expenses DeRnltlona is replaced try lhlfolkowlrg: (s) Liability asking out of the lose negligence of the additioal)nsuned; (2) 'BedgYIn 3. 'Bodily lryvury"means: ltaY". bropsmy dsmoga',*Personal aM advartising fNusy"; mdetenseooverapP under the Supplementary Paymants aadkn of the policy arising out of an erchiltas, ern e. Bodily Injury, elckneu, disease, at IMidental meditet malptattica Injury bubielred b'/ a parson Ninetie's orsuryayces rendering of a failure to tender any proFesstanal strv1M lacludfng! including death resulting from any of these at any tiro. (a) The pre0811", slovwlvg, OF falling to propels or approve maps. shop drawings, opln. JL AMENOMENT OF INSURED CONTRACT DEFINITION long, reporlf, sufvays, field ardevs, eharsge orders, adrswings and epeNirt zOons; and Paragf808. of F. Uabbily And Medical Expanses D.MIt1...I. repleted by dsa following: !bj Suparrisary, inepeafon,arcMtectwel orengawering scUNtlea 6. "Inwredcomrect"rn i (3) Any "occurrence" that takes place after you eaase jobs a team In the premlvet dateribt-0 In a. A eanusd for A loose of promises. HOWOM, that Portion of the contract for a Iaase of premises the Dacialstbns; a that frndemmms any peso. or organic uo,, for donrageby fire to premises white tented 1. you a (4) Structural eneratlons, new Canbucslon or demolition operelma Fwrramad by ar for the temporari lrompled by youwith permission ofttse ownaris not An'Insured contract"; 00--w 6996hiza1loa&sigaled In the Declarations, It, Agldelreckegraemeru; 3. Any coverage provided toreunder shall be exeats over any other valid and colfeMia Insurance evalF c. Any easement at flunse agreement, except In connection will construction or demoUtion open able to the addidon8 Insured whether primary, excess, contingent or on any other WAS untesS s Aliens onor whhl. 60faetof. fellrox$ wntzact $Pacl9cally requires that this insurance ba primary or you request that it apply on s primary d. A. aliNgatlon, as required by ordlanaa, to indemnify a munklPafhy, except In ConneetiaA With basis. VI. NWLY FORMEDDRACOUtREDOfBANRAHON3 work fore muMCipatity; as. Anslsvatof maintenance agreement; Thefollawing [$Added 10C. Who Is An Instead: f• That pert of any other contract ar agreement pertaining to your business jlncioding an 1nWm- 9. Any bV/1M4a *Aft accosted by You or Incwperalsd - orgarFaed by you under the Iowa of any nlNcationof a ns"klpapty In Connectlonwithw•oAperformod fora municipality) underwhtchyou Intl iduai elate 0141111 United States o1 America war which you malmain majorlfy ownership Interest assume the tutL IlabilityOFanothef party to pay fa "bodily Injury" ar'property damage" to a thltd exceeding fifty Peream. Such acqulted a mwiy formed aganhation wifi qualify Ran Named (neared N Para-- or orgenladon, Ple vidad tha'bodily injury' or 'property damage" 1, caused, In whom or there Ism similar lnwrodca available to that amity. However, In pall, by you or by those acting on your behalf, Teri liability means a liability that Would be A. Coverage under (hit prevision laallorded only until the lift day after the entity was acquired of Imposed by law lntheabsenes efany contract or agreemend. Incorporated or agantaad by you a the erdof the podcypadod, whichever Is eafl[er; Paragraph f, does not htdude that part of Any contract or agreemant: b• CweragesA.Paragraph 1. fiuslnass Liability, does notapptylo! III That indowiflea a railroad for "bodily f-Isrry"or"property damage" erhing out of consuuc• (1) "Bodily INufy"of 'Property demape"that accursed before the entity was acquired or !tour. it" or der-otition Operations, within 69faetofany fall:oadprapidy and effecting any railroad poratcd or organlaed by you; end bridge ortfasde, tracks, food-beds, tuna), undarpe/s or crossing; (21 "personal and adyeftlaing lNury' arising out of an offense committed before the entity was Thal lrvlemnlEa an Method, Onglnear on eurvayor lot Injury ordsmage arTsing out of: acquired or Incorporated or organkedby you; and (a) Prepsdrrg, approving, of failing to Prepare or appra.e, maps, shop drawin9r, opinions, o. Records and descriptions of operations Rant be marrealned by the first Named lnwred. topats, eurvays, field orders, change arderoor drawings and epecihcatlona;w No potion or osganlaadon is an Instead with respect to the conduct of any current or past partnership, 4b) Olving (Precsiuns or lnstrucdons,of falling to give them, if that is the primary cause of the jdrAVemwe or RmBW 11abTRty comperry thatla trot shown as • Narrted Mauled in the Oederasbns. injury ordamage; or VIL AGOREI)AT£UADTS (3) Under which the Insured, R an aschitac , A F2treer OF surveyor, asumas llabtlity loran injury The fetiovAAIs added to Umhs Paragraph 4. of D. Uah'Ifty and Medcal Expenses Umhs of of damage arlaleg Dial of the Insured's rendering or ISIIure to tender professional services, g Aggregate Including those listed In 121 above And 11104Nlcofy, Inspection, architectural -s engineering Insurance; activities. TheABgnspate EfmRa apply separately to ash ol-locations` owned by OrrOANd to you or temporarily X!, PERSONAL AND ADVERTISING INJURY occupied byyou with the portmsslon oltheowmer. graph 14. to. of F. Liability And Medical Expanses OefiNtWns p replaced by the following: The Aggregate Limits also apply sepsotety to each of your polact, away Isom premfees owned by or Parab.gancleu. prof F. slbility And Medical A tented to you. For in* purpose of this eM r.-M only, ")oration" means premises LAvotNng file alma or cannot. Ing loll, or PreMSe1 whose 00111140101 118 Interrupted OAly by a Wheat, roadway, waterway of rlght- esf-way ofa railroad. °aaoale«yuwetwnao.U.PSay.AA aarr.rantd Ox's Uaerryaxaa.ttavaeoecarpeav.urata'-.1 BP7g9a8a69 rrwe45 CM110144 a,wAterpwur.va6.rv1-01rw,ke %Ahwaeorrad- pageJol4 BP 79 BS 06 69 hcla.rrePrrpx.a-1.4.1 car.ex.S.M..OW..fro. wrehWpNrnrfrbn Page 4of4 7~ 9 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 8/8/2014 00374 (541) 488-5300 VENDOR: 001583 SHIP TO: HARDEY ENGINEERING & ASSOCIATE PO BOX 1625 MEDFORD, OR 97501 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Inspection of Ashland Creek Park for 6,500.00 erosion and sediment control durinq construction of park at 27 W. Hersey Street. Contract for Personal Services Beqinninq date: July 28, 2014 Completion Date: (left blank) SUBTOTAL 6,500.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 6,500.00 Account Number Project Number Amount Account Number Project Number Amount E 411.12.00.00.70420 E 000054.999 6,500.00 Authoriz signatur VENDOR COPY FORM #3 lvc-e"e-- Z- CITY OF ASHLAND 6!iC u~"G'~s~Gi i"u,eir REQUISITION Date of request: z Required date for delivery: ftor Vendor Name f~'fSYLa~G~j (JJ61ti(~~t(~viC~ ~l~SSd~. INL Address, City, State, Zip Z3-7 b A) ftAJ U pfZ, Mn/2-3y" r ~ Cl Contact Name &Telephone Number 5L( f- _6s-g-d -~~IS h~"(~1~•~-i~~ ~l 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 ro osal 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 El 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 (5120'5f 61-J 19-"0 5~-O1 /K SN r0,4f9(F7ZV / I /1j ~ JeG~U~ $ &Sooyco Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposall $ Project Number ML' Account Number---"--"--"--'------ Account Number4LL-L?-MAP-7kl-2-4!~-D Account *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, l certify that the City's public contracting requirements have been satisfied. / Employee: 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. / NO A9 CK-1~ EC/ / Finance Director- (Equal to orgr a than $5,000) Date Comments: Form #3 - Requisition