Loading...
HomeMy WebLinkAbout2014-242 Contract - Marquess & Associates Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: Marquess & Associates Inc. -AS H LAND CONTACT: Rick Swanson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1120 East Jackson PO Box 490 Medford, OR Telephone: 541/488-6002 97501 Fax: 541/488-5311 TELEPHONE: ( 541) 772-7115 DATE AGREEMENT PREPARED: August 18, 2014 FAX: 541 779-4079 BEGINNING DATE: August 20 2014 COMPLETION DATE: December 15, 2014 COMPENSATION: Not to exceed $3,400.00 SERVICES TO BE PROVIDED: Soils Observation and Materials Testing Services. Exhibit C: See attached proposal for Scope of work. 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, direct) solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at 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, 11,000,000, $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 0 00 or Not Applicable for each accident for Bodily Injury and Property e, Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or • intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its 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 Exh' ' A and herein incorporated b reference. Consultant: City of Ashlan gy By Signature i Department `Head Print Name Print Name 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 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. (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. --A 1 15) Contractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 MAR E S S P 541-772-711YUR PROFESSINAL ENGINEERING TEAM SINCE 1957 5 F 541.779-4079 , 120 EAST JACKSON PO BOX 490 MEDFORD, OR 97501 & ASSOCIATES INC EMAIL: info@mazquess.com WEB: www.marquess.com August 18, 2014 Bruce Dickens, Parks Superintendent City of Ashland Parks and Recreation 340 S. Pioneer Street Ashland, OR 97520 RE: PROPOSAL FOR SOILS OBSERVATION AND MATERIALS TESTING SERVICES ASHLAND CREEK PARK ASHLAND, OREGON MAI PROPOSAL NO. P14-9136 Dear Mr. Dickens: We are pleased to provide this proposal to perform soils observation and materials testing services for the Ashland Creek Park project. As part of our preparation of this proposal, we have reviewed the landscape drawing set dated May 14, 2014, the testing requirements, and the construction schedule provided by your office. Proposed Services We propose to provide all sitework testing and concrete testing as listed in the testing requirements. This work is expected to include: • 8 visits by our Inspector to perform subgrade proofrolls of concrete paths, plaza, decomposed granite, gravel paths, and gravel driveways. • 7 visits by our Inspector to perform proofrolls of compacted fill for concrete paths, plaza, decomposed granite paths, gravel paths, and gravel driveways. • Materials testing of concrete pours by our Testing Technician. We have budgeted for 6 trips to the site to perform concrete testing per the testing requirements. Arrangements Based on the above scope of work and our understanding of the project, we project the total not to exceed cost of our services will be $3,400. Our estimate is based on a very large number of site visits (15) for subgrade and fill proofrolls. It is possible to significantly reduce the number of site visits if the contractor is efficient, has proofrolling equipment at the ready, and can have more than one item ready for observation at any one time. Conversely, our estimate for concrete testing may be low depending on the scheduling and efficiency of the contractor. Bruce Dickens August 18, 2014 Page 2 of 2 Our fees for the work will be based on actual time and materials spent on behalf of the project and would follow the fee structure shown on the attached Schedule of Charges. Our estimate is based on straight time. 1.5x straight time hourly rates will be charged if work occurs on weekends or holidays, or if field work starts before 7:00 a.m., or extends past 5:00 p.m., or if the time exceeds 8 hours per day on the project. All services rendered by us consist of professional observations and tests made in accordance with generally accepted principles and practices in Southern Oregon. This warranty is in lieu of all other warranties, expressed or implied. Under no circumstances is it our intent to directly control the physical activities of the contractor or the contractor's workmen's accomplishment of work on the project. Our field representative's presence on the site is to provide the owner and contractor an on-going source of professional opinions based on the field representative's tests and observations of the work and does not include any superintending, supervision, or direction of the actual work of the contractor. When you are ready to authorize the work, please either send your contract to us for our signature or sign and return the authorization below. If you have any questions, please call. Very truly yours, MARQUESS & ASSOCIATES, INC. YE,oe- Rick Swanson, P.E., G.E. RS/ler Attachment: Schedule of Charges AUTHORIZATION Approved by Date M A1 E J P 541-772-711YOUR PROFESSINAL ENGINEERING TEAM SINCE 1957 5 F 541,779-4079 ' 120 EAST JACKSON PO BOX 490 MEDFORD, OR 97501 C4 & ASSOCIATES 1 N C EMAIL: info@marquess.com WEB: www.marquess.com SCHEDULE OF CHARGES Special Inspection and Materials Testing January 2014 Concrete and Masonry Field Testing Technician ............................................................$52/hr Welding, Bolting, and Epoxy Bolting Special Inspection ...............................................$57/hr Fireproofing Special Inspection and Testing ..................................................................$57/hr Fill Compaction Testing ..................................................................................................$57/hr Concrete and Prestressed Concrete Special Inspection ....................................................$57/hr Masonry Special Inspection .............................................................................................$57/hr Rebar Special Inspection ..................................................................................................$57/hr Footing Observation by Principal Geotechnical Engineer ...............................................$145/hr Laboratory Technician, including testing and reporting ..................................................$42/hr Concrete Cylinder Compressive Strength, including curing ............................................$17/ea Masonry Mortar Cylinder Compressive Strength, including curing ................................$17/ea Masonry Grout Compressive Strength, including curing ................................................$17/ea Masonry Block Strength, including curing ......................................................................$32/ea Prism Compressive Strength ............................................................................................$130/ea Nuclear Field Density Gauge (equipment charge) ...........................................................$25/visit Rebar Location (equipment charge) $25/visit Vehicle Mileage $.65/mi Masonry In-Place Shear Testing ......................................................................................$300/ea Anchor Bolt and Rebar Pull Testing (equipment charge) $25/visit Bolt Torque Testing ........................................................................................................$10/visit Bolt Testing (Skidmore) .................................................................................................$25/visit Masonry Moisture Content Testing .................................................................................Hourly Aco CERTIFICATE OF LIABILITY INSURANCE DAMM/DD/YYY1~ 8THIS 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 pol)cy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER NZT EE~CT Michael J Hall & Company M ichael J Hall & Company PHONE FAX (AIC No. 598-3700 Hall & Company .MAIL "O 1966010th Ave NE ADDFtESS:certoficates(&hallandcompany.com Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC 0 INSURER A.The Iravelers Indemnity Company INSURED 2738 INSURER B -The Travelers Indernn4 Compan 5982 Marquess & Associates Inc INSURER C: P.O. Box 490 INSURER D : Medford OR 97504 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1835951615 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. IL SR TYPE OF INSURANCE ADDL U R POLICY NUMBER POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY 806146N63A /29/2014 /29/2015 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY AMA T RENTED 41300 000 CLAIMS-MADE I I OCCUR MED EXP (Any one person) $5,000 X OCP/XCU/BFPD PERSONAL & ADV INJURY $1.000,000 X Cross Liability GENERAL AGGREGATE $2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 POLICY X PrROT F-1 LOC s B AUTOMOBILE LIABILITY BA6148N401 /29/2014 /29/2015 TW=SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Par person) 5 HEDULED BODILY INJURY (Per accident) $ AUTOS ALL OWNED U SC NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS OW a WWII $ 41 A X UMBRELLA LAB OCCUR CUP3196T698 29/2014 5/29/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAR 1XCLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE I-I OFFICERIMEMBER EXCLUDED? NIA E.L. EACH ACCIDENT S (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ N yS describe older DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMB $ C Professional Liab: Claims Made RDP0016163 128/2014 /26/2015 $1,000,000 Per Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) Certificate Holder(s) is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributinv. with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, and Umbrella / Excess Liability in favor of the Additional Insured. 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 Parks and Recreation ACCORDANCE WITH THE POLICY PROVISIONS. Attn to: Bruce Dickens 340 S Pioneer Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS). This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section 11): Part, Any person or organization that you agree in a S. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional Insured on this Coverage LIABILITY CONDITIONS (Section IV); Part, but only with respect to liability for "bodily In- jury", 'property damage" or "persona( injury" However, if you specifically agree in a contractor agreement requiring insurance that the insurance caused, in whole or in part, by your acts or omis- provided to an. additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a yourbehalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional Insured as a named Insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and Included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage Is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance", But this insur- son or organization has assumed liability In a con- ance still is excess over valid and collectible other tract or agreement, insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the Insured is an additional insured under d. This Insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV); e. This insurance does not apply to the render- We waive any rights of recovery we may have trig of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the adds- damage" or "personal injury" arising out of "your tonal insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contractor agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the (units shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring Insur- less. This endorsement does not increase the ante" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the 'bodily injury' and sonal injury" offense is committed. "property damage' occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 0 2007 The Travelers companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV - "occurrence" that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: UM 04 88 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES ThE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT - INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE - GLASS D. SUPPLEMENTARY PAYMENTS - INCREASED J. PERSONAL EFFECTS LIMITS K. AIRBAGS E. TRAILERS - INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION If - LIABILITY COW 2. The following replaces Paragraph b. in B.5., ERAGE: Other Insurance, of SECTION IV - BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- rent or borrow, and tiorial insured is ari "insured for Liability Cover- age, but only for damages to. which. this insurance (2) Any covered "auto" hired or rented by applies and only to the extent that person or or- your "employee" under a contract In ganization qualifies as an "Insured" under the that individual "employee's" name, Who Is. An Insured provision contained in Section with your permission, while perform- ing duties related to the conduct of B. EMPLOYEE HIRED AUTO your business. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, rented or borrowed with a driver is not a Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who is under a contract or agreement in that "em- An Insured, of SECTION II - LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 20 07 10 ® 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (3) If a repair or replacement results in better ing a covered "auto" you don't own, hire or borrow than like kind or quality, we will not pay for the in your business or your personal affairs. amount of betterment. D. SUPPLEMENTARY PAYMENTS - INCREASED (4) A deductible equal to the highest Physical LIMITS Damage deductible applicable to any owned 1. The following replaces Paragraph A.2.a.(2) of covered "auto". SECTION II - LIABILITY COVERAGE: (5) This Coverage Extension does not apply to: (2) Up to $3,000 for cost of bail bonds (in- (a) Any "auto" that is hired, rented or bor- ciuding bonds for related traffic law viola- rowed with a driver, or tions) required because of an "accident" we cover. We do not have to furnish (b) Any "auto" that is hired, rented or bor these bonds. rowed from your "employee". 2. The following replaces Paragraph A.2.a.(4) of G. PHYSICAL DAMAGE - TRANSPORTATION SECTION 11- LIABILITY COVERAGE: EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- (4) All reasonable expenses incurred by the graph A.4.a., Transportation Expenses, of "insured" at our request, including actual SECTION Ill - PHYSICAL DAMAGE COVER- loss of earnings up to $500 a day be- AGE: cause of time off from work. E. TRAILERS -INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- The following replaces Paragraph C.I. of SEC- curred by you because of the total theft of a cov- TION 1- COVERED AUTOS: ered "auto" of the private passenger type. 1. "Trailers" with a load capacity of 3,000 H. AUDIO, VISUAL AND DATA ELECTRONIC pounds or less designed primarily for travel EQUIPMENT - INCREASED LIMIT on public roads. Paragraph C.2.. Limit Of Insurance, of SEC- F. MIRED AUTO PHYSICAL DAMAGE TION III - PHYSICAL DAMAGE COVERAGE Is The following is added to Paragraph A.4., Cover- deleted. a$e; Extensions, of SECTION 111 - PHYSICAL I. WAIVER OF DEDUCTIBLE - GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage. Coverage ble, of SECTION 111 - PHYSICAL DAMAGE If hired "autos" are covered "autos" for liability COVERAGE: Coverage but not covered "autos" for Physical No deductible for a covered "auto" will apply to Damage Coverage, and this policy also provides glass damage if the glass is repaired rather than Physical Damage Coverage for an owned "auto", replaced. then the Physical Damage Coverage is extended J. PERSONAL EFFECTS to "autos" that you hire, rent or borrow subject to the following: The following is added to Paragraph A.4., Cover- (1) The most we will pay for "loss" in any one age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: "accident" to a hired, rented or borrowed "auto" is the lesser of. Personal Effects Coverage (a) $50,000; We will pay up to $400 for "loss" to wearing ap- (b) The actual cash value of the damaged or parel and other personal effects which are: stolen property as of the time of the (1) Owned by an "insured"; and "loss"; or (2) In or on your covered "auto". (c) The cost of repairing or replacing the This coverage only applies in the event of a total damaged or stolen property with other theft of your covered "auto". property of like kind and quality. No deductibles apply to Personal Effects cover- (2) An adjustment for depreciation and physical age. condition will be made in determining actual cash value in the event of atotal "loss". Page 2 of 3 0 2010 The Travelers indemnity Company. All rights reserved. CA T4 20 07 10 Includes copyrighted material of Insurance services Office. Inc. vAth its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- g i (a) Overdue lease or loan payments at the slons, of SECTION 111 - PHYSICAL DAMAGE time of the'9oss"; COVERAGE: (b) Financial penalties Imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that In- and tear or high mileage; flate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but sor; only: a. If that "auto" Is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability hensive Coverage under this policy; Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty; and (e) Carry-over balances from previous loans c. The airbags were not intentionally inflated. or leases. We will pay up to a maximum ,of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". The following replaces Paragraph A.S., Transfer L. AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV BUSINESS AUTO CONDI- age Extensions, of SECTION 111 - PHYSICAL TIONS: DAMAGE COVERAGE: S. Transfer Of Rights Of Recovery Against Auto Loan Lease Gap Coverage for Private Others To Us Passenger Type Vehicles We waive any right of recovery we may have In the event of a total "loss" to a covered "auto" of against any person or organization to the ex- the private passenger type shown in the Schedule tent required of you by a written contract exe- or Declarations for which Physical Damage Cov- cuted prior to any "accident" or "loss", pro- erage,Is provided, we will pay any unpaid amount vided that the "accident' or "loss" arises out of due on the lease or loan for such covered "auto" the operations contemplated by such son- less the following: tract. The waiver applies only to the person or organization designated In such contract. (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and CA T4 20 0710 ® 2010 The Travelers Indemnity Company. Ail rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. MARQU-1 OP ID: SW ,4co~ro CERTIFICATE OF LIABILITY INSURANCE 08t1812I DATE(01`14 8l2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . CONTA PRODUCER NAME: She I Wins Protectors Insurance, LLC PHONE Pilot Rack Ins Agency LLC (CA) UVC, E :541-842-2968 F c Ne ; 541-772-1906 PO Box 4669 ADDRESS: she Iw rotectorsinS.com Karol M. Medford, Igou 97501 INSURER(S) AFFORDING COVERAGE NAIC t INSURERA:SAIFCorporation INSURED Marquess & Associates Inc INSURERS : PO Box 490 INSURERC: Medford, OR 97501 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. NOR VUBR POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE IORENISIT_ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 7 OCCUR WED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY r__1 PRO. JFC LOC $ (Ea ciderd) OMBINED SINGLE LIMI $ AUTOMOBILE LIABILITY C ANY AUTO BODILY INJURY (Per person) $ SOS OSULED BODILY INJURY (Per accident) $ PROPERTY D GE NON- HIRED AUTOS P 1 AUTOSOWNED PERACCIDENT $ a UMBRELLA L" HOLA.",-MADE CCI EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION X WC STATIITI ER AND EMPLOYERS' LIABILITY NIA 913785 0`11011128`14 011/01112015 E.L. EACH ACCIDENT $ 1 r(wr A ANY PROPRE70RIPARTNEREXECLMVE Y FIN OFFICERMIEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1.000, If yes, describe under ESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION CITYAS3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Parks ACCORDANCE WITH THE POLICY PROVISIONS. & Recreation Dept Attn: Bruce Dickens AUTHORIZED REPRESENTATIVE 340 la Pioneer St Ashland, OR 97520 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD y t~ Page 1 / 1 ASHLAND PARK COMMISSION DATE PO NUMBER 20 E MAIN ST. ASHLAND; OR 97520 8/27/2014 00389 (541) 488-5300 VENDOR: 004022 SHIP TO: MARQUESS & ASSOCIATES, INC 1120 E JACKSON PO BOX 490 MEDFORD, OR 97501 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Soils Observation and Materials Testinq 3,400.00 Services Contract for Personal Services Beqinninq date: Auqust 20, 2014 Completion date: December 15, 2014 SUBTOTAL 3,400.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 3,400.00 Account Number = Project Number Amount Account Number Project Number Amount E 411.12.00.00.70420 E 000054.999 3,400.00 AuthoriZ Signature VENDOR COPY FORM#3 CITY OF -A5 H LAN D REQUISITION Date of request: Required date for delivery: Vendor Name C/;ASS Address, City, State, Zip Zp C . )P-%5010 -Pt--,) tajr,-K q9D El) f-f P-/0 QJZ C/ 7!R)j Contact Name & Telephone Number L:5yl _ 77a - -7 r 1 S - Fax Number 5W 7 7q ` D-7rl 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 Description of SERVICES Total Cost t 1s CTS t?LGCrf-il>l A-IJ0 ff"A gt~q /s 7 s 7`W 67 /J07- t?:> e~CC ezQa c~~ L~'1 GPI $ ~DO a ~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project NumberaO!)5~-'SLL -9qJ Account Number___-__- - AccountNumber _C~ff- 12- 00 00- 70 ~fzcO 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 lector Date Support -Yes /No By signing this requisition form, I 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: YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition