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HomeMy WebLinkAbout2015-252 Contract - Miller Consulting Engineers Contract for PERSONAL SERVICES less than $35,000 C I T Y OF CONSULTANT: Miller Consulting Engineers, Inc. ASHLAND CONTACT: Eric Watson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 9570 SW Barbur Blvd., Ste. 100, Portland, OR 97219 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503-246-1250 DATE AGREEMENT PREPARED: August 3, 2015 FAX: 503-246-1395 BEGINNING DATE: 08/18/2015 COMPLETION DATE: 06/30/2016 COMPENSATION: Not To Exceed $9,800 SERVICES TO BE PROVIDED: Seismic re-evaluation of the Ashland City Hall per 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 regyjred to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. Yj~µ► deI,',c ~%WV add: "to t (lest extent permitted by la the" 9. Indemnification: Consultant agrees to d~nd; indemnify and saCity, its officeYs, 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 p ee of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others esignated by Consultant to perform work or services attendant to this contract). Consultant shall not be hel 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: change to: "negligence performance Contract for Personal Services, Revised 0610212015, Page 1 of 5 or omission'li*,-) mP"r 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 sWbll 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, 2000`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 1)00`'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 06/02/2015, 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 rein incorporated b reference. Consultant-` City of Ashland By d 1 -T Si n ture Department Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with l ( (~7 the signed contract. Purchase Order No. Afj,7~~ED AS TO FORA Ashland Ass . Cit Attorney gat Contract for Personal Services, Revised 06/02/2015, 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 essicmat standards, and (d) Contractor is qualified, professionally competent and duly licensed to erform the work. Contractor also certifies under penalty of perjury that its business is not in violation f any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated abov and authorized to do business in Oregon or is an independent Contractor as defined in the contract cuments, and has checked four or more of the following criteria: change to: "industry standards" !AA/ ~kO2r (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. k V^ 11Arvg0Ls Contractor (Date) Contract for Personal Services, Revised 0610212015, Page 4 of 5 CITY • ASHLAND, -OREGON EXHIBIT B City of Ashland LIVING ALL employers described WAGE below must comply with City Ashland laws regulating payment of a living wage. per hour effective June 30, 2015 (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. 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. ➢ 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 50% or more of the ➢ 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 06/02/2015, Page 5 of 5 Exhibit C: Scope of Engineering Services The work consists of a seismic re-evaluation of the Ashland City Hall, based on the work previously performed by Miller Engineering in 1994. The following is an outline of the structural engineering services that Miller Engineering proposes to offer: 1. Site Visits: $ 4,800 Conduct a site visit to review the current conditions of the building and document any changes compared to the information we have on file. 2. Schematic Design Phase: $ 3,200 Evaluate the existing building using the current Oregon Structural Specialty Code (OSSC) considering the life safety requirements for the building and develop any required upgrade concepts. Also, a second evaluation of the building will be completed based on an elevated risk category considering an importance factor to account for the building's significance and develop any required upgrade concepts based on this risk category. 3. Evaluation Report: $ 1,800 Generate a stamped report with a schematic plan indicating the types of work to be completed based on the two levels of the evaluation along with an engineer's opinion of a rough order of magnitude construction cost estimate for the proposed upgrade concepts. Total estimated fee for the services as outlined above: $ 9,800. The representative for the proposed scope of services is: Eric R. Watson, SE, PE, Principal Miller Consulting Engineers, Inc. 9570 SW Barbur Blvd., Ste. 100 Portland, Oregon 97219 Phone: (503)246-1250; Fax: (503) 246-1395 Web: www.millerengrs.com C:\Users\dennisw\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\HULV112D\Exhibit C.docx 19/2NVDD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE /DATE oaols 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 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 endorsement(s). PRODUCER CONTACT NAME: Marsh Sponsored Programs PHONE FAX A/C No Ext:800-338-7.391 AIC No: 888-621-3173 a division of Marsh USA Inc. E-MAIL /01 Market Street, Ste. 1100 ADDRESS: acecclientrequeat@marsh.com St. Louis MO 63101 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Hartford Accident & Indemnity Com an 2235'7 INSURED INSURERB:Twin City Fire Insurnace Company 29459 Ai:l_ler Ccnsu.lti.ng Engineers INSURER C : 9570 SW Barbur B1vdSte. 1.00 INSURER D: Portland, OR 97219 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 COND171ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N R TYPE OF INSURANCE NSR, W VD POLICY NUMBER M POLICY EFF MMIDDIYYYYY LIMITS A GENERAL LIABILITY y 84SBWCG3000 11/ 01/2014 11/01/2015 EACH OCCURRENCE I Sl, 000, 000 IPROFESSIONAL LIAB. EXCL. DAMAGETORENTED X I COMMERCIAL GENERAL LIABILITY PREb11SES a occurrenceS 1. , 0 0 0, 0 0 0 CLAIMS-MADE I X OCCUR MED EXP (Any one person) S10,000 FXt"OSS LIABILITY PERSONAL & ADV INJURY 51,000,000 XX XCU COVFRAGE GENERAL AGGREGATE S2,000,000 GEI 1'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S2,000,000 POLICY I X I PRO- LOC S JECT A ( MBIN AUTOMOBILE LIABILITY Y 84SBWG300C 111/01/2014 11/01/2015 (CEO, ar'tj LE LIMIT accident $ H I ANY AUTO BODILY INJURY (Per person) $ ALLOWNED SCHEDULED BODILY INJURY (Per accident) 5 AUTOS No I-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident S S A XX UMBRELLA LIAB OCCUR 84SBWCG3000 7/0]/2014 1]/0]./2015 EACH OCCURRENCE S5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONS 10, 00,0 S B WORKERS COMPENSATION 84WBGBM4093 11/01/2014 11/01/201.5 VVCSTATU-OTH- AND EMPLOYERS LIABILITY X Y LIMIT YIN ANY OFFICEOPRi FORIPARTNER E ECUTIVE NIA E.L. EACH ACCIDEM L$1111,1000, 000 EXCLUDED? F-1 (Mandatory in NH) E.L. DISEASE - EA EMPLOY S1,000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below ~ E.L. DISEASE - POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) re: ~~ismic re-evaiuatin of -he Ashland City Hall .'he City of Ash ..and, Oregon, and Its elected ofr:.cials, officers and employees are named as additional insured on the above r-tei.r•ced poli.cias when eauir=d by written contract. 30 day notice of cancellation will. be cri.ven to cert holder when .uuired by writ-en contract. 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 AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland, OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 'V DATE (MWDDIYYYY) ACCW" CERTIFICATE OF LIABILITY INSURANCE 08/19/2015 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 CONTACT NAME: Marsh Sponsored Programs PHONE - 3 3 8 -7.39 1. FAX 888_6?_1-3]73 division of Marsh USA Inc. AIC No Ext: g 0 0 A/C No: E-MAIL t acecclientrequest @marsh.corn Market S ADDRESS: 01 reet, Ste. 1100 St. Louis NO 63101 INSURERS AFFORDING COVERAGE NAIC# INSURERA:Travelers Casualt & Surety Co. 19038 INSURED INSURER B : Mil.ler Consui.tinq Engineers i ibby Rove INSURER C: 9570 SW Barbur BlvdSte. 100 Portland, OR 97219 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. ILITR TYPE OF INSURANCE NSR ~SUBRI POLICY NUMBER MMI Y EFF MMIDDIYYYY I LIMITS GENERAL LIABILITY g EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurtence S CLAIMS-MADE! OCCUR MED EXP (Any one person) S PERSONAL& ADV INJURY S GENERAL AGGREGATE S FG2t'TL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG S POLICY F7 JECT F7 LOC S AUTOMOBILE LIABILITY (CEO, aBcid D SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) S 1 ALL I AUTOS NED SCHEDULED BODILY INJURY (Per accident) S NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident i S UMBRELLA LIAB OCCUR EACH OCCURRENCE S - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN R AINY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S N I A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOY S It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 11 Professional Liability i 105294861 06/13/2015 706/13/2016 Each Claim: $2,000,000 Aggregate: $3,000,000 Deductible: $40,000 DESCRIPTION OF OPERATIONS I LOCATIONS/ 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 ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland AUTHORIZED REPRESENTATIVE 0 rn 20 East Main Street 111 Ashland, OR ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 / 1 CITY OF -AS H LAND DATE L PO NUMBER irl 2 0 E MAIN ST. 9/10/2015 13116 ASHLAND, OR 97520 PAM- (541) 488-5300 VENDOR: 019737 SHIP To: Ashland Public Works MILLER CONSULTING ENGINEERS (541) 488-5587 9570 SW BARBUR BLVD #100 51 WINBURN WAY PORTLAND, OR 97219 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Seismic re-evaluation of Ashland City 9,800.00 Hall per Exhibit C. Contract for Personal Services Beqinninq date: 08/18/2015 Completion date: 06/30/2016 i SUBTOTAL 9.800.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 9,800.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.08.24.00.70410 E 201334.999 9,800.00 Authori Signature VENDOR COPY K FORM #3G't-z CITY OF l ASHLAND REQUISITION Date of request: 08/25/2015 Required date for delivery: ASAP Vendor Name Miller Consulting Engineers, Inc. Address, City, State, Zip 9570 SW Barbur Blvd., Ste. 100, Portland, OR 97219 Contact Name & Telephone Number Eric Watson 503-246-1250 Fax Number N/A SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Council Special Meeting Minutes: ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ® Form #4, Personal Services $5K to $75K Valid until: -(Date) I Description of SERVICES Total Cost Seismic re-evaluation of Ashland City Hall per Exhibit C Not To Exceed $9,800.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ ProjectNumber*ZoJ3 _ 34 Account Number Account Number'1i0-_00 --Q-7101JOQ 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 requisi ' n form, I certi that the City's public contracting requirements have been satisfied. Employee: Department Head: c. cSZ_~ r (Equal to r greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: VS / NO _z:;&' Finance Director- (Equal to or reaterthan $5,000) Date Comments: Form #3 - Requisition CITY OF -ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael Faught, Public Works Director Date: Monday, August 31, 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. Background The department's intent is to update a seismic safety study of City Hall that was prepared in 1994 by Miller Engineers of Portland. The purpose is to determine how or if the conclusions of the report have changed due to regulatory or technological changes. The estimated cost for the update is $9800.00. The timeline for the contract will be from September 3, 2015 to dune 30, 2016 but the report is anticipated to be updated and available, for final review within the calendar year. The department fully plans to implement a written plan for utilizing such services which will be included in the contractual statement of work. 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 has qualified staff capable of performing the analysis, but since Miller Engineering has already performed the majority of the analysis once, it is be more economical for Miller to update their previous work than for our staff to perform the analysis independently. Form #4 - Department Head Determinations to Procure Personal Services, Page I of 1, 8/31/2015