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HomeMy WebLinkAbout2015-112 Contract - OBEC Consulting Engineers Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: OBEC Consulting Engineers S H LAN D CONTACT: Jaime Jordon 20 East Main Street Ashland, Oregon 97520 ADDRESS: 831 O'Hare Parkway, Medford, OR 97504 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-774-5590 DATE AGREEMENT PREPARED: 04/21/2015 FAX: N/A BEGINNING DATE: 04/24/2015 COMPLETION DATE: 12/30/2015 COMPENSATION: Not to exceed $10,139.00 SERVICES TO BE PROVIDED: Reference Scope under Exhibit C ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. 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. I.IECzLib_-5J 7-_-,I ~ 121 Lr_ 9. Indemnification: Consultant agrees to defend, indem ' and save City, its officers, employees an agents harmless from any and all losses, claims, actions, costs, expe es, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in d h), 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 0710812014, Page 1 of 5 I 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 Liabilitv 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. 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 Exhibit A and herein incorporated b reference. Consultant: City of Ashland By ~ By Signature Department Hea Print Name Print Name V' iD-71 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AF 'ROVED ~ S TAORM i t shla d ty Attorney r Data f,,..: Contract for Personal Services, Revised 07/08/2014, Page 3 of 6 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 i 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. f (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. t t-Z2..-)S Contra for (Date) Contract for Personal Services, Revised 07108/2014, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE . . per hour effective June 30, 2014 (Increases annually every June 30 by the Consumer Price Index) • . portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by ➢ For all hours worked under a assistance for the project or the employee. from the City of service contract between their business Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- For all hours worked in a Ashland including the Parks month period. For more and Recreation Department. details on applicability of this month if the employee spends 50% or more of the policy, please see Ashland ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 d t CONSULTING ENGINEERS EXHIBIT C EUGENE,OR April 16, 2015 Corr-crow C,fice 51.683.6n°0 LAKE OSWEGO, OR Scott Fleury 503.620.6103 Director of Engineering SALEM,OR City of Ashland 503.539.4100 51 Winburn Way MEDFORD,OR Ashland, Oregon 97520 541.77 ^..5590 VANCOUVER, WA RE: East Main Street Improvements Funding Application Support 61.31 3.2341 OBEC Proposal No. P649-017.00 www.obec.com Dear Scott: OBEC Consulting Engineers appreciates the opportunity to provide the City of Ashland with this proposal to provide project scoping, cost estimating, and funding application support for proposed bicycle and pedestrian improvements along East Main Street between Heiman Street and Lithio Way. Project Background OBEC understands that the City of Ashland intends to seek ODOT Enhance-it funding to increase safety and functionality for this section of East Main Street though downtown by eliminating one existing travel lane to install buffered bike lanes, wider sidewalks, reconfigured on-street parking, and decorative lighting. Other improvements will include installing traffic signals at Oak Street, street trees, irrigation, pavement rehabilitation, and restriping between Bush and Heiman Streets to provide continuity between these new improvements and the existing lane configuration north of Heiman Street. OBEC has prepared the following proposed scope of services for the project. Scope of Work Task 1 - Project Investigation and Scoping The major objectives of this task are to gather information about the project, review the project layout provided by the City, and evaluate the extent of the improvements and associated impacts. This task will include visiting the project site to observe existing conditions and features, taking photos and measurements as needed, and making a basic inventory of existing improvements within the project area that may be impacted for cost estimating purposes. Task 2 - Cost Estimating Based on the results of Task 1, OBEC will prepare a detailed scoping estimate for the project in spreadsheet format. The estimate will include all major project elements, including design and construction engineering, environmental clearances, roadway construction items, temporary Scott Fleury" Page CONSUUIfVG April 16, 2015 2 t ENGGt£ERS items such as traffic control and erosion control, and contingencies. Quantity calculations and assumptions will be provided to allow for easier review by the City and ODOT. Task 3 -Pre-Proposal Document and Application Support OBEC shall prepare ODOT's Enhance Pre-Proposal Discussion Document with City assistance. Based on the results of Tasks 1 and 2, OBEC will then prepare the necessary funding application for the ODOT Enhance-it funding program. OBEC will produce a draft version of the application for City review and comment before submitting the final version to the City for submission to ODOT. Task 4 -ODOT Coordination As requested by the City, OBEC shall coordinate with ODOT staff to explain and support the findings from Tasks 1, 2 and 3. This task may include participating in a conference call, meeting, or email exchange with the City and ODOT in support of the project. Task 5 - Parking Garage Add Alternate Estimating OBEC shall gather information about the Parking Garage location, discuss alternatives with the City and evaluate current standards and pricing for this type of improvement. OBEC will prepare a scoping estimate for a parking garage as an add alternate, including design and construction engineering. Task 6 CONTINGENCY - Additional Assistance/ Oversight with the City and ODOT OBEC shall assist the City with additional estimating revisions directed by ODOT and up to two meetings with ODOT and the City. Fee OBEC proposes to complete the project for a not-to-exceed amount of $10,134. Project billings will be prepared on a monthly basis. We appreciate the opportunity to present this proposal to you. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, Jaiman, PE Sr. Project Engineer/Medford Office Manager r m n m v w a 01 cn A W N 7C rn n 0 O m' o N _ x 1 a O o N 7 01 d 2 G7 0 0 3< a y _ I D 'O m o co -u w y m d a- C 3 0 z m °w vi 0 o w o0 m Cr v °1 D 0 C 0 n ~ C 7 o CL 3 ~ A N v O 7C m a D - m N d 'a O M N 3 m D v t7 M '0 f H o' n ? 3 o X o c 7 (C [O 0 p n NI x v ° O O 0 y ~ m ° y y ti 3~b O oa m umi CO) Sr. Project T d, N A A o, N N Manager 90 W C) O M Sr. Project 0 Engineer n 0) A c co N O 0 C, C, _ - - N Senior Ep O O o N rn J Designer 3 OD °o lC - m T utility A N A o A j' Coordinator co O (p co 0 • v, Branch Office d, w Administrator J O W O N O m o o W rn C OAf W W (Ni, 0 0 0 N co a v 0 CO ou n, 4J r M A M N m 0 - n • n 0 r- Cr D D O 0 O A O N N 00 y~ W f_ Z D b O V W V 0 N O ~ X 01 Ch W V J V W N W O A V 0 ; co G Q tC fD X N ,~co C0 DATE ERTIFICATE OF LIABILITY INSURANCE F04/23/(MM/DD/YYYY) 22015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. Mars Sponsored Programs PHONE g00-338-1391 'FAX a division of Marsh USA Inc. L(C No Ext;_ _ AIC,No-888 621-3173 E-MAIL 701 Market Street, Ste. 1100 ADDRESS:acecclientrequest@marsh.com St. Louis MO 63101 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Sentinel Insurance Company Ltd 11000 INSURED INSURER B: Hartford Casualty Insurance Company 294^_4 OPEC Consulting Engineers - - - Devon Pereira -INSURER C: 920 Country Club Road Eugene OR 97401-2231 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. INSR - ADDL'SUBR - - - - POLICY EFF POLICY EXPT LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY y 84SBWPA4035 EACH OCCURRENCE 52,000,000 X. COMMERCIAL GENERAL LIABILITY Prof. Liab. Excl. DAMAGETORENTED - PREMISES(Ea occurrence S2, 000, 000 CLAIMS-MADE LZ OCCUR MED EXP (Any one person) 510 , 00 0 PERSONAL &ADV INJURY 52,000,000 GENERAL AGGREGATE $4,000,000 GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG S4, 000, 000 _.--I POLICY PRO- LOC - - - 5--_ 1 JECT A AUTOMOBILE LIABILITY Y 84UEGPF0127 COMBINED SINGLE LIMIT (Ea accident) .$_000.,_000 X ANY AUTO BODILY INJURY (Per person) ___S ALL OWNED I SCHEDULED _ BODILY INJURY (Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS S - (Per accident~__ P X UMBRELLA LIAB X OCCUR 84XHGYH1723 EACH OCCURRENCE 55,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 55,000,000 DED RETENTIONS 10, 000 S A WORKERS COMPENSATION Y 84WBGBJ0746 WC STATU- BOTH- AND EMPLOYERS' LIABILITY YIN X TORY.LIMITS ER_ ANY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCIDENT S1, 000, 000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E. L. DISEASE-EAEMPLOYE 51,000,000 If yes, describe under - DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT S1,000,000 T DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I more space is required) tL': Carr in F-. _ Fcr T-_I ;tion /cr-. ire C_ Td _.s el co-ed (-trr, 4als, _n red _-a ab: _ ,L. wC h,_ •ea~i:ac d, rittc ..'t. n.,l~' ru. Y, t c_ -x rCC~ FE t..~ a _:cTC rn Ti CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland Attn: Scott Fleury, Director of Engineering AUTHORIZED REPRESENTATIVE 20 East Main Street Ly Ashland, OR 97520 d © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 84UEGPF0127 COMMERCIAL AUTOMOBILE INSURED: OBEC Consulting Engineers HA 99 16 09 10 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 09 10 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury"or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D. Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 5.14 Page 1 of 1 POLICY NUMBER:84SBWPA4035 BUSINESS LIABILITY COVERAGE INSURED: OBEC Consulting Engineers SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", ..property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 Client#: 331197 OBECCONE ACORDIM CERTIFICATE OF LIABILITY INSURANCE 4 D,22/2/DDlYYYY) 4/22/2015 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 cert ificate 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 NTACT NAME: Kibble & Prentice, a USI Co PR PHONE - - A/C, No, E,, ; 206 441-6300 _ FAX- No); 610-362-8528 601 Union Street, Suite 1000 E-MAIL - - I certre U Seattle, WA 98101 ADDRESS: p q est@kpcom.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hudson Insurance Company 25054 INSURED OBEC Consulting Engineers, Inc. INSURER B 920 Country Club Rd, #1006 INSURER C: Eugene, OR 97401 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 CONTRACTOR 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 - A LTR TYPE OF INSURANCE DDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE F-1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG S POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ JAIRED NY AUTO BODILY INJURY (Per person) S LL OWNED SCHEDULED UTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE AUTOS r accident - OCCUR MBRELLALIAB EACH OCCURRENCE S EXCESS LAB CLAIMS_MADE' - ~ ..AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y 1 N RY IMIT R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N I A ~ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional AEE7254304 9/25/2014 09/25/2015 $5,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Contract for Personal Services - East Main Street Improvements Funding Application Support. This Certificate is issued in respects to above referenced, I— I CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Scott Fleury, Director of Engineering ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of l The ACORD name and logo are registered marks of ACORD #S14932008/M13377016 SHDZP Page 1 / 1 CITY OF DATE PO NUMBER ASHLAND OW& 20 E MAIN ST. 5/7/2015 12860 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 010507 SHIP TO: Ashland Public Works OBEC CONSULTING ENGINEERS, INC (541) 488-5587 920 COUNTRY CLUB ROAD 51 WINBURN WAY SUITE 100B ASHLAND, OR 97520 EUGENE, OR 97401-6089 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Fleury Special Inst: Confirming? No Quanti Unit Description Unit Price Ext. Price Provide proiect scopinq, cost 10,139.00 estimation, and funding application support for the proposed bicycle and pedestrian improvements along East Main Street between Heiman Street and Litha Way. Contract for Personal Services Beqinninq date: 04124/2015 Completion date: 12/3012015 SUBTOTAL 10139.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,139.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.12.00.60410 10 139.00 Authorized Signature VENDOR COPY CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: Legal DATE: 05/04/2015 PROJECT: JOB NO.: Provide project scoping, cost estimation and SUBJECT: funding application support for proposed improvements along East Main Street THE FOLLOWING ITEMS ARE BEING SENT TO YOU: ENCLOSED x UNDER SEPARATE COVER REMARKS: Attached please find the requisition for a Personal Services contract awarded to OBEC Consulting Engineers not to exceed $10,139.00. The contractor has requested amended verbiage to the Indemnification portion of the contract. Language is consistent with previously approved contract changes. Please review and approve. Department of Public Works CF-11 ` ' MAY 201`-- By: Scott A. Fleury Title: Engineering Services Manager F111-S PUBLIC WORKS Tel: 541-488-5587 20 Main Street Fax: 541-488-6006 Ashland, 0 on 97520 TTY: 800-735735-2900 www.ash~and.or.us FORM #3 C I T Y O F _ 5~e~~-~~ 77 1 ~~S H LAND REQUISITION Date of request: 04/21/2015 Required date for delivery: Vendor Name OBEC Consulting Engineers Address, City, State, Zip 831 O'Hare Parkway, Medford, OR 97504 Contact Name & Telephone Number Jaime Jordon, 541-774-5590 Fax Number N/A 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 i£ 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 p 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 Provide project scoping, cost estimation, and funding application support for the proposed bicycle Not to exceed $10,139.00 and pedestrian improvements along East Main Street between Heiman Street and Lithia Way. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal $ Project Number Account Number - Account Number 260 - 08 -12 - 00 - 604100 Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: S, Manager/Sup ervisor: --->,l ! I f (Equal to or greater than $5,000) \ City Administrator: (Equal to or greaten than $25,000) Funds appropriated for current fiscal year. f_N0 sly Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael R. Faught-Director of Public Works Date: 4-20-2015 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Back[Zround The Department of Public Works intent is to contract with a private consultant the appropriate scope of services developed for project ntcmber 2015-05, Enhance/Fix It Grant Application. The scope of work for this project is associated with an approved master plan capital improvement - project. The work will include bttt is not limited to, The work is expected to take place in fiscal year 201512016 with a not to exceed budget amount of 510.134. The funds will come f om the Street Department professional services budget line item. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland Engineering Division does not have the adequate staff time or appropriate resources to provide the scope of service contemplated tinder this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 4/20/2015