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HomeMy WebLinkAbout2015-168 Contract - Marquess & Associates Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Marquess and Associates, Inc. ASHLAND CONTACT: Oscar Zuniga 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1120 East Jackson Street, Medford OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-772-7115 DATE AGREEMENT PREPARED: May 19, 2015 FAX: 541.779-4079 BEGINNING DATE: Ma 20, 2015 COMPLETION DATE: June 30, 2016 COMPENSATION: Time and Materials not to exceed (NTE) $20,000 SERVICES TO BE PROVIDED: per attached Exhibit C and Exhibit D 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. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. 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 -1 0 Signa ure Department Head oScan, 7UmWGA1 Print Name Print Name MEc ru . ~ t; t~Et . P a rJ G t PA-t- Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. l Q AS TO FORM As land `Apt City Attorney Date 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. Contracto (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY • 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 assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their 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. y If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time 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 O F ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 EXHIBIT C SCOPE OF PROFESSIONAL ENGINEERING SERVICES In response to the Oregon Health Authorities' approval of a loan to construct the Pump Station Improvements (PWE #12-01), the Ashland Public Works Engineering Division is contracting through an informal process for professional engineering services for the following activities: • Development of final project scope, schedule and budget for the TID Pump Station. • Design of electrical, piping, and mechanical equipment for pumping 2.5 million gallons per day of water from the TID water system to the Ashland WTP. • Coordination & Integration of SCADA equipment with existing communication systems. • Preparation of analysis and design documentation. • Identification and acquisition of all necessary permits. • Identification and acquisition of any necessary easements and/or work agreements. • Implementation of public outreach including press releases and facilitation of temporary closures or service outages. • Preparation of complete bid documents (specs, bid quantities, etc.) as well as technical assistance during bidding and construction. • Facilitation of Pre-Bid, Pre-Construction, and Construction Progress meetings. Provide meeting minutes for any meetings. • Construction Management and Inspection Services, including project close-out services. • Services required to insure a complete and proper installation of the project by June 30, 2016. The Scope of Services does not include: • Services required to improve safety or to replace worn valve not included in original scope of the categorical exclusion. The issuance of a contract for engineering services is anticipated for duration of 12 months. For further information contact: Pieter Smeenk, Project Manager 541/552-2413 smeenkp a,ashland.onus The engineering consultant is not entitled to rely on the accuracy and completeness of information provided by the owner, owner's consultants and contractors, or information from public records or as-builts. All information assumed must be verified by the consultant. A Preliminary site plan attachment is provided herewith, and the consultant will utilize it to develop a detailed final scope and schedule. Information provided by the City is included by reference. The City of Ashland reserves the right to request revisions to the consultant's final scope and schedule, to waive formalities, and to propose alternates that appear to serve the best interest of the City of Ashland. GApub-wrks\eng\12-01 TID Impr\admn\MAI\2015-05-18\2015-05-19_Scope of Services for TID PS Engineering.doc w ~ o W F 4 ¢ d m ~ @ (U h ti m J _ y W O ' W 2 J J W U t7 u, 2 0 ti 0 a W W J CL W H o Z c~ ¢ x off' ax J w w? ~ 2¢ a U 2 y J v w yT~ e ti i e y u~ Q J 2 Zb z s w W a v Q h H a ~4 ¢ Co y m o o ~ m J LL. 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W I III I ~ ~ ~ I X f lx_ N W / ~I I I N / - - L - - -I L - - - - - - - - `I I I~ Z J I ~ I U I X I I I I I I I I x x x x x x x x x I- x ---_-x - - - - - - - - - - - - - - - - - - - - - - - I z1 J I " Cl- I z® I11 I II., I ti I Cn I N 133M1S 30Vhfhf3-L i EXHIBIT D CLAUSES FOR PROFESSIONAL SERVICES CONTRACT (required for all projects fielded by Safe Drinking Water Revolving Loan Fund (SDWRLF) CCR Registration and DUNS numbers are required for all entities that enter into direct contracts with the recipients of Safe Drinking Water Revolving Loan funds. ✓ CCR Registration DUNS Number: 049804842 Name: Marquess & Associates http://www.dnb.com/get-a-duns- Business Type: Business or Organization number.html Registration Status: Active Active Date: 07/24/2014 Expiration Date: 07/24/2015 la/public/SAM/ SAA9invtiv.scan.govI por (NOTE: The CCR registration expires annually and mist be kept active until the SDYVRLF project is closed) 1. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. 2. Whistleblowers Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d). 3 Non Discrimination The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 4. Intellectual Property Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project. 5. Inspections; Information Contractor shall permit, and cause its subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. G:\pub-wrks\eng\12-01 TID Impr\admn\MAI\2015-05-18\2015-05-19_Scope of Services for TID PS Engineering.doc (2) Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed. 6. Environmental & Natural Resource Laws "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 7. Prohibition on the Use of Federal Funds for Lobbying CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Title MEGA t- L E-Z- t'2t P1Ct p L Date (0-2-15 G:\pub-wrks\eng\12-01 TID Impr\admn\MAI\2015-05-18\2015-05-19_Scope of Services for TID PS Engineering.doc ~`1CO CERTIFICATE OF LIABILITY INSURANCE °A7E'MM`°°"""' 5/21/2015 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 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 NAMEACT Michael Hall Michael J Hall & Company PHONE 7 00 'C' FAX No Hall & Company E MA Lo 19660 10th Ave NE ADDRESS. -ce Ifl Cates@ h II n m Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC # INSURERA: h Tr V I r In mn U Company 25658 INSURED 2738 INSURER B:Th Traveler Indemnity Company of 5682 Marquess & Associates Inc INSURERC:RLI INSURANCE MPANY 1305 P.O. Box 490 INSURER D : Medford OR 97504 INSURER E I INSURER F : COVERAGES CERTIFICATE NUMBER: 1149791359 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIOD/YYYY MM/DD/YYYY A GENERAL LIABILITY 6806146N63A /29/2014 /29/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED PREMISES Ea occurrence $300,000 CLAIMS-MADE IT] 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 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 RO- LOC $ POLICY X P JECT B AUTOMOBILE LIABILITY BA6148N401 /29/2014 /29/2015 COMBINED SINGLE LIMI I Ea accident $1,000,000 _ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR CUP3196T698 /29/2014 /29/2015 EACH OCCURRENCE $$5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $$5,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N T R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ C Professional Liab: Claims Made RDP0016163 /26/2014 /26/2015 $1,000,000 Per Claim $1,000,000 Aggregate I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE Z.7© 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A~'ORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YWY) 5/20/2015 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 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 NAMEACT Sheryl VVirts Protectors Insurance, LLC PHONE 1 A No : 41 7 -1 P906 .O. Box 4669 EMAIL Medford OR 97504 ADDRESS' h r m INSURERS AFFORDING COVERAGE NAIC # INSURER A: F Corporation 41 1 INSURED MARQU-1 INSURER B : Marquess & Associates, Inc INSURER C : PO Box 490 Medford OR 97501 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 664349056 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC $ "-)M BINEU SINULE L197- AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION 913785 1/1/2015 /1/2016 X WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN T RV IM IT R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? N❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTA71VE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CITY OF ASHLAND June 12, 2015 ATTN: Kari Olson RE: MARQUESS & ASSOCIATES / INDUSTRIAL SYSTEMS, INC. TID PUMP STATION Please find enclosed a fully executed copy of the Personal Services contract, Requisition, and Form #4 for the above referenced contractors. Please see attached Notice of Transmittal that further explains insurance requirements per Scott Fleury. Currently, Marquess carries $1,000,000 aggregate for PL and will be supplying the $2,000,000, however, the carriers have been delayed - Dave Kanner has approved with the attached. Industrial Systems has provided their update. I will send you the updates upon arrival. Let me know if you have any additional questions. Thanks, Whitney Dennis Administrative Assistant City of Ashland, Public Works Department 51 Winburn Way, Ashland, OR 97520 (541) 552-2427 den niswCD-ash land. or. us PUBLIC WORKSIENGINEERING DIV. Tel: 541-488-5347 20 East Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms - - CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: Dave Kanner DATE: 6-3-2015 PROJECT: JOB NO.: SUBJECT: THE FOLLOWING ITEMS ARE BLING SENT TO YOU: ENCLOSED X UNDER SEPARATE COVER REMARKS: Contracts and requisitions for signature. Contract #1-Marquess & Associates engineering and safety improvement design for the Terrace St. pump station. Currently Marquess only has 1 million in professional liability insurance, but is upgrading to 2 million. We need contract authorization to start engineering now as the safety improvements to Terrace St. are important prior to the start of pumping TID. Marquess will have 2 million within a few weeks and the City will be named certificate holder on the upgraded insurance. Contract 42-Industrial Systems. Industrial systems is also upgrading insurance from 1-2 million and we need them to assist with the SCADA system at the Terrace St. pumpstation as part of the improvement process. They will also provide a 2 million certificate shortly. PUBLIC WORKS Tel: 541.488-5587 20 E. Main Street Fax: 541-488-6006 Ashland, Ore on 97520 TTY: 800-735-2900 i www,ashland.or.us IV_ Department of Public Works By: Scott Title: Engineering Services Manager PUBLIC WORKS Tel: 541-488-5587 20 E. Main Street Fax: 541-488-6006 Ashland, Ore on 97520 TTY; 800-735-2900 www.ashland.o .or.us Page 1 / 1 CITY OF W.. ASHLAND DATE PO NUMBER 20 E MAIN ST. 6/19/2015 12927 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000575 SHIP To: Ashland Public Works MARQUESS & ASSOCIATES, INC. (541) 488-5587 1120 E JACKSON 51 WINBURN WAY MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price TID Pump Station Engineering 20,000.00 Time and materials NTE $20,000.00 Contract for Personal Services Beqinninq date: MaV 20, 2015 Completion date: June 30, 2015 SUBTOTAL 20 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 20, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 E 201201.999 20 000.00 Authorizbd Signature VENDOR COPY FORM #3 CITY OF REQUISITION Date of request: 51 Required date for delivery: hic-. . Vendor Name Address, City, State, Zip 1 17 Fax Contact beme & Telephone Number 'T7 1 r I Q' SOURCING METHOD Exempt from Competitive Bidding Emer-gencv ❑ 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)- Date Form #4, Personal Services $5K to $75K Valid until: -(Date)_ Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL cost ~r Per attached quote/proposal Project Number 201Z Account Number_ _ - _ _ - - - _ Account Number67' -C-6 -15-00-7o42-6o 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: I lT Director Date Support -Yes /No By signing this e ' ition form, l certify that the City's public contracting requirements have. been satisfied. Employee: L _ IVI Department Head: c (o f j/~ (Equ Itoorgreaterthan$5,000) Department Manager/Superviso . _ City Administrator: (Equal to or greater than $25,000) r? Funds appropriated for current fiscal year. J / NO Finance Director (Equal to or greater than $5, 000) Date 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: 6-10-15 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. Backlzround The Deparmient of PuNic /forks intends t0 contract frith -llur(lness and Associates Ilse. io provide desi~(,'ll ennineerino, and construclion project inunu~enlenl ofthe TIDIminp s7(tion f)rI)rojcc/ nimlher 2012-01. The irork regiiires all engineer knoirled,,)reohle ill design and construclion of p111111)stall.ous, Inchlded ill the pi-o ect. The tivork inchldes phatsill 111 installation Of ncll' pitinps and 01her enei'~V lillpl-01V111e111S 7'e4llnl-in(r elecli-icul & incchoillcall cn~Inee1'll1~r expel-icnce (111d collil)elence Oscul- Z1117,Uu, i's hoth a licensed lilechanical act electric(1l ell(;inecr 11111 IIIoi-gitess and,zlssociolcs, o Ro,lie I alley cil,ineerin fii-in that has lrorkcd fni• the City, of.zlshland fur iiialiv projecis over /hellos/ 50 veers. The serciceS arc exj)cctcd 10 he provided in 1"}'2015and F)2016 oii a tiilie and nialeriuls husis trill/ a nol to exceed hlidgel of'S20, 000.00. 100% are to he puid oitl of the ll"ater SupplI° huc~(,"ei. 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? <lshland Pithlic bl'orks does nol have 111e s7aifftrained in 01- ccll)ahle Ofde.sihnin; (11141 siipervisinn the illslallelliOll Of the neli' ealliipmeill needed under this contract. In addillon, no Othel" Deparmielll !n the C il'V has the resources' Or technical knolvle4~,e to cOi11I)letc the ivork a.ssociaied iviih this personal .service.s colltrocl. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 6/11/2015