HomeMy WebLinkAbout2015-322 Contract - Construction Engineering Consultants
Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT: Construction Engineering Consultants, Inc.
ASHLAND CONTACT: Mark Kamrath, President
20 East Main Street
Ashland, Oregon 97520 ADDRESS: P.O. Box 1724, Medford, OR 97501
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: (541) 779-5268
DATE AGREEMENT PREPARED: 11/10/2015 FAX: (541) 779-3139
BEGINNING DATE: 11/16/2015 COMPLETION DATE: 12/31/2016
COMPENSATION: $8,515.00 (see attached)
SERVICES TO BE PROVIDED: Provide professional engineering services for the design and reconstruction of
multiple curb ramps on Lithia Way (see attached)
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 b the negligence of City.
Contract for Personal Services, Revised 06/02/2015, Page 1 of 5
.10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice,
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional 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,
Contract for Personal Services, Revised 0 610 212 0 1 5, Page 2 of 5
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference.
Consultant: City of Ashland
By - - BY __L•~ , , U /Signature
Departmen Hea
Mot y- 1< Kailo_-t n~_
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 06/0212015, 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.
Contractor (Date)
Contract for Personal Services, Revised 06/0212015, Page 4 of 5
CITY i ASHLAND, •
EXHIBIT B
City of Ashland
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
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. ➢ 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
emmpp 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
,p1ySTRU T to
ENGINEERING
O~~TS UL T A~`1
INC.
P.O. BOX 1724 • MEDFORD, OR 97501 • PH (541) 779-5268 • FAX (541) 779-3139
CIVIL ENGINEERING SERVICES PROPOSAL
FOR
Lithia Way-Curb access ramps
(City of Ashland Project No. 2015-XX)
SUBMITTED TO:
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
Submitted by:
Construction Engineering Consultants Inc. (Corporation)
Federal Tax ID: 93 1 1 03 509
Mark Kamrath, President
132 West Main Street, Suite 201-B
Medford, OR 97501
Phone: (541) 779-5268
Email: mark@cecengineering.com
Mark Kamrath, President Date
Project Description:
The proposed project consists of Professional Engineering Services for the design for
the reconstruction of existing curb ramps at the SW, NW, and NE corners of Lithia Way
and 3rd Street and the NE corner of Lithia Way and Oak Street and the NW corner of
Lithia Way and Pioneer Street
Anticipated Scope of Work:
1. Field visit:
Site visit to determine possible alterations and extent of reconstruction necessary
to meet the city's desired improvement goal.
2. Site background drawing:
Obtain and review topographic survey from city. Generate site CAD background
drawing for use in project plans.
3. Conceptual Design:
Complete conceptual design based on site visits and city input.
4. City Concept Review.
Conceptual/preliminary plans to be submitted to city for review and feedback.
5. Detailed Design:
Detailed horizontal layout and grading design of proposed improvements.
6. Construction Plans:
Prepare the construction plan set for city review.
7. City review:
Submit plans to city for review phase.
8. Construction Plans:
Incorporate city review comments into construction plans. Finalize revisions and
plot project plans on 24x36 for bidding.
9. Bid Quantities:
Prepare bid quantities for city use for bidding the project out for construction.
10. Attend pre-bid conference:
Attend the pre-bid and/or pre-construction conference to answer any questions
that may arise concerning the project.
11. Provide technical assistance during the bidding phase:
We will be available for any questions or technical assistance as required during
the bidding phase of the project.
12. Provide minimal inspection during the construction phase.
We can provide inspections as requested by the city during construction. An
inspection report will be prepared and submitted to the city following any
inspection.
13. Record Drawings:
Incorporate inspector field notes into construction plans and plot plans to mylar.
Service Fee Schedule:
Principal - $120/hour
Professional Engineer - $105/hour
Project Designer - $95/hour
Engineering Tech - $851hour
CAD Tech - $75/hour
Inspector - $75/hour
Anticipated Cost of Services: (see attached breakdown) $8,515.00
Recommended Budget amount for Professional Services: $9,000.00
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CERTIFICATE OF LIABILITY INSURANCE
1/17/2015
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 Susan Wilson, AAI, AIC
NAME:
Brown & Brown Northwest PHONE No, L Ext): (541) 772-1111 A/C Not: (541)_772-3785
3256 Hillcrest Park Drive E-MAIL swilson@bbnw.com
ADDRESS: _
INSURER(S) AFFORDING COVERAGE NAIC #
Medford OR 97504 INsuRERA:American Casualty Co of Reading PA 20427
INSURED INSURERB:Continental Casualty Company 20443
Construction Engineering Consultants, Inc. INSURERC:
P O Box 1724 INSURER D.
INSURER E :
Medford OR 97501 INSURER F
COVERAGES CERTIFICATE NUMBER:CL1542439475 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.
INSIR ! ADDL SUBR. POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X X DAMAGE TO RENTED -
A CLAIMS-MADE [X1 OCCUR PREMISES_(_Ea occurrence) $ 300 , 000
2067238517 3/15/2015 3/15/2016 MED EXP (Any one person) 10 , 000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2 , 000 , 000
PRO- 2,000,000
X I'll POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHERS PAESL $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident) _
A ANY AUTO BODILY INJURY (Per person) $ _
ALLOWNED SCHEDULED
AUTOS AUTOS 2067238517 3/15/2015 3/15/2016 BODILY INJURY (Per accident) $
X HIRED AUTOS X NON-OWNED ! PROP E TY DAMAGE $
AUTOS
(Per Non-owned & Hired Liabiht $ 1 , 000 , 000
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
- -
EXCESS LIAB CLAIMS MADE I!, AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION I iPER STATUTE EORH
AND EMPLOYERS' LIABILITY YIN
'
- E.L. EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
I_ NIA
OFF, CER/MEMBER EXCLUDED? -
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ -
If yes, describe under
! DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
i
B IProfessional Liability SFH114001378 6/3/2014 6/3/2016 Limit. 2,000,000
(Errors & Omissions) Deductible: 5,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: Project - Lithia Way Ramps. General Liability Policy includes Blanket Additional Insured & Blanket
Waiver of Subrogation coverage as required by written contract per endorsement SB146968A (attached).
Subject to policy terms, limits, conditions and exclusions.
CERTIFICATE HOLDER CANCELLATION
johnsonk@ashland.or.us
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland, Public Works/Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn : Karl Johnson, E . I . T . , Assoc. Engineer ACCORDANCE WITH THE POLICY PROVISIONS.
20 East Main Street
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
S Wilson, AAI, AIC/SU 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
SB-146968-A
OVA (Ed. 01/06)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C., OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured
Businessowners Liability Coverage Form is amended does not apply to 'bodily injury,' "property
to include as an insured any person or organization damage," "personal and advertising injury" arising
whom you are required to add as an additional insured out of an architects, engineer's, or surveyor's
on this policy under a written contract or written rendering of or failure to render any professional
agreement; but the written contract or written services including:
agreement must be: a. The preparing, approving, or failing to prepare
1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions,
term of this policy; and reports, surveys, field orders, change orders
or drawings and specifications by any
2. Executed prior to the 'bodily injury," "property architect, engineer or surveyor performing
damage," or "personal and advertising injury." services on a project of which you serve as
B. The insurance provided to the additional insured is construction manager; or
limited as follows: b. Inspection, supervision, quality control,
y 1. That person or organization is an additional engineering or architectural services done by
insured solely for liability due to your negligence you on a project of which you serve as
specifically resulting from "your work" for the construction manager.
additional insured which is the subject of the 5. This insurance does not apply to "bodily injury,'
written contract or written agreement. No "property damage,' or "personal and advertising
coverage applies to liability resulting from the sole injury" arising out of:
g negligence of the additional insured.
a. The construction or demolition work while you
N 2. The Limits of Insurance applicable to the are acting as a construction or demolition
additional insured are those specified in the contractor. This exclusion does not apply to
written contract or written agreement or in the work done for or by you at your premises.
Declarations of this policy, whichever is less.
These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY
in addition to, the Limits of Insurance shown in the CONDITIONS - Duties In The Event of Occurrence,
Declarations. Offense, Claim or Suit (Section E.2.) of the
Businessowners Liability Coverage Form is amended
3. The coverage provided to the additional insured to add the following:
within this endorsement and section titled
LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as
DEFINITIONS - "Insured Contract" (Section soon as practicable:
F.9.) within the Businessowners Liability Coverage 1 Give written notice of an occurrence or an offense
Form, does not apply to 'bodily injury' or 'property
damage' arising out of the 'products-completed to us which may result in a claim or 'suit' under
operations hazard" unless required by the written this insurance;
contract or written agreement.
SB-146968-A Page 1 of 2
(Ed. 01106)
SB-146968-A
(Ed. 01/06)
2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we
"suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to
Coverage Part; the additional insured's rights against all those
3. Tender the defense and indemnity of any claim or other insurers.
"suit' to any other insurer which also has When this insurance is excess over other
insurance for a loss we cover under this Coverage insurance, we will pay only our share . of the
Part; and amount of the loss, if any, that exceeds the sum
4. Agree to make available any other insurance of:
which the additional insured has for a loss we (a) The total amount that all such other insurance
cover under this Coverage Part. would pay for the loss in the absence of this
We have no duty to defend or indemnity an additional insurance; and
insured under this endorsement until we receive (b) The total of all deductible and self-insured
written notice of a claim or "suit" from the additional amounts under all that other insurance.
insured. We will share the remaining loss, if any, with any
Q. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this
Businessowners Common Policy Conditions are Excess Insurance provision and was not bought
deleted and replaced with the following: specifically to apply in excess of the Limits of
2. This insurance is excess over any other insurance insurance shown in the Declarations of this
naming the additional insured as an insured Coverage Part.
whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
other basis unless a written contract or written OTHERS TO US (Section K.2.) of the
agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted
be either primary or primary and noncontributing and replaced with the following:
to the additional insureds own coverage. This 2. We waive any right of recovery we may have
insurance is excess over any other insurance to against any person or organization against whom you
which the additional insured has been added as have agreed to waive such right of recovery in a
an additional insured by endorsement. written contract or agreement because of payments
3. When this insurance is excess, we will have no we make for injury or damage arising out of your
duty under Coverages A or S to defend the ongoing operations or "your work" done under a
additional insured against any 'suit' if any other contract with that person or organization and included
insurer has a duty to defend the additional insured within the 'products-completed operations hazard.'
SB-146968-A Page 2 of 2
(Ed. 01106)
Page 1 / 1
CITY OF
ASHLAND DATE PO NUMBER
IVL41 20 E MAIN ST. 11/20/2015 13254
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 016077 SHIP T0: Ashland Public Works
CONSTRUCTION ENGINEERING (541) 488-5587
CONSULTANTS INC 51 WINBURN WAY
PO BOX 1724 ASHLAND, OR 97520
MEDFORD, OR 97501
FOB Point: Ashland, Oreqon Req. No.:
Terms: Net Dept.:
Req. Del. Date: contact: Karl Johnson
Special Inst: Confirming? No
Quantity Unit Description Unit Price Ext. Price
Provide engineerinq services for the 8,515.00
desiqn and reconstruction of multiple
curb ranps on Lithia Way,.
Contract for Personal Services
Beqinninq date: 11/16/2015
Completion date: 12/31/2016
I
SUBTOTAL 8,515.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 8,515.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 260.08.12.00.70420 E 201522.100 8,515.00
ILA
ire
VENDOR COPY
Authodied Signatures
FORM #3 CITY OF
ASHLAND
REQUISITION Date of request: 11/18/15
Required date for delivery: ASAP
Vendor Name Construction Engineering Consultants, Inc.
Address, City, State, Zip P.O. Box 1724, Medford, OR 97501
Contact Name & Telephone Number Patrick Havird, P.E., President, (541) 779-5268
Fax Number (541) 779-3139
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
® Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
Provide engineering services for the design and reconstruction of multiple curb ramps on $8,515.00
Lithia Way (see attached)
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quote/proposal $
Project Number 201522.100 Account Number 260.08.12.00.704200
Account Number 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 regquis joi orm-~'6rlifyy4hat the Cit's public contracting requirements have been satisfied.
Employee: Department Head: ~V
(Equal to orgreatekban $5,000)
Department Manager/Superviso . City Administrator:
(Equal to or greaterthan $25,000)
Funds appropriated for current fiscal year. / I Z/
Finance Director- (Equal to orgy erthan $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: 11-18-2015
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 of Public Works intent is to contract with a private consultant the appropriate scope of
services developed for project number 2015-22.
The scope of work for this project includes Professional Engineering Services for the design for the
reconstruction of existing curb ramps at the SW, NW, and NE corners of Lithia Way and 3rd Street and
the NE corner of Lithia Way and Oak Street and the NW corner of Lithia Way and Pioneer Street.
The work is expected to take place in fiscal year 2016 with a budget amount of 58,515.00. The amount
appropriated in the current Council approved budget to perform this work is S89, 000 in Street
Department Professional Services for unanticipated street and storm water matters.
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 under 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, 11/18/2015