Loading...
HomeMy WebLinkAbout2015-357 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: 12/15/2015 FAX: (541) 779-3139 BEGINNING DATE: 12/21/2015 COMPLETION DATE: 12/31/2016 COMPENSATION: $30,445.00 (see attached) SERVICES TO BE PROVIDED: Provide professional engineering services for the design and reconstruction Grandview Drive between Skycrest Drive & Ditch Road (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. L 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, Contract for Personal Services, Revised 06/02/2015, 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 sigia the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant: City of Ashland By - - - Signature Department Head KAMRA-TH 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 06/02/2015, 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 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. YJ (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 06/02/2015, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE • 6A i • • 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 emporloyee's more of time in the that month ➢ In calculating the living wage, Municipal Code Section employee's 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 1,1S`rRUCT GO . 10rv ENGINEERING Co 'V-3 U1 S INC. P.O. BOX 1724 • MEDFORD, OR 97501 • PH (541) 779-5268 • FAX (541) 779-3139 CIVIL ENGINEERING SERVICES PROPOSAL FOR Grandview Avenue Improvements (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: 931103509 Mark Kamrath, President 132 West Main Street, Suite 103 Medford, OR 97501 Phone: (541) 779-5268, ext. 224 Email: mark@cecengineering.co Mark Kamrath, President Date Project Description: The proposed project consists of Professional Engineering, Surveying, Geotechnical Engineering and Structural Engineering Services for the design of the widening of existing Grandview Avenue adjacent to the recently installed guardrail. Anticipated Scope of Work: 1. Topographic Survey (Sub-consultant): See the attached proposal from Polaris Land Surveying for the anticipated scope of work. 2. Site background drawing: Obtain and review topographic survey. Generate site CAD background drawing for use in project plans. 3. Conceptual Design: Complete conceptual design based on site visits and city input. Three alternate conceptual designs are anticipated with preliminary cross sections to illustrate grading impacts. 4. City Concept Review and Meetings to discuss options: Conceptual/preliminary plans to be submitted to city for review and feedback. 5. Detailed Design: Detailed horizontal layout and grading design of proposed improvements based on City input from conceptual design review. 6. Preliminary Construction Plans: Prepare construction plan set for city review. 7. City review: Submit plans to city for review phase. 8. Finalize Construction Plans: Incorporate city review comments into construction plans. Finalize revisions and plot project plans on 24x36 for final approvals and bidding. 9. Bid Quantities & Special Provisions: Prepare bid quantities special provisions for city use for bidding the project out for construction. It is anticipated that the city will prepare the project specifications. 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 limited 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. Additional Sub-Consultant work: Geotechnical Engineer: Geotechnical investigation/field work for road section and retaining wall design parameters. Structural Engineering: Retaining wall designs Professional Services Civil Engineering: (CEC) ................................................$19,445.00 Survey: (Polaris Land Surveying) .......................................$5,000.00 Geotechnical Report & Recommendations (A.GEGC) ...............$4,000.00 Structural Engineering (ACE) ............................................$2,000.00 Anticipated Cost of Services: $30,445.00 (see attached time estimate breakdown and sub-consultant scope of services) Recommended Budget amount for Professional Services (+/-5%):...$32,000.00 Construction Engineering Consultants, Inc. Service Fee Schedule: Principal - $120/hour Professional Engineer - $105/hour Project Designer - $95/hour Engineering Tech - $85/hour CAD Tech - $75/hour Inspector - $75/hour 0 0 0 0 0 0 0 0 0 c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 _ 0 0 0 0 B 0 0 0 0 c. 0 0 0 w 0 Lei vi N O O O n M Q 0 0'7 M 0 F_ O Q O O Q N N N m co ~,•~f N M t0 M N r (~j O O M ~ 0 0 (A y M 0 G9 to y) fF,~ fry (q M IA W y 19 O O O O O O O O F c N O O O N •C ~ O (0') N N F t U ~ v t~ 0 to N M to M ~ U7 fA IA b! VY to fA Vi 19 Vf IA ¢ d U= O Q O O f0 O O O O O O N O o O O O O O N ODD w COD m w O O. M <O f0 w Q c 0 L O U U F C d f9 Oy t9 M V7 to 19 M V7 IA ffl t9 IA M f9 19 M d C O cm d W m= n' O O O O W O O o O O n1 ro OQ M w C ~ d n m o E o 0 0 0 0 0 0 0 n c o 4m o 0 0 . 0 0 0 0 N - O O O N 0 O 1[/ t0 W t0 m Q m Q n N co Ln O O a7 m N N h fr n U m N m 3 G O d en m0 vl en h en v) di df 67 LO U), to u7 W Go `o_ G7 m @ co d 12 N C m 0' d O 0 0 4' O co Co O O O L? y = c7 c N 0) n y 0 Q L 0 0 O O 0 0 O O O n d o 0 0 0 0 0 0 0 0 0 c wi N 0 0 0 0 0 0 0 0 0 (C O v C N f 0O- co N Q N N N I ML d ~d = m {07 ~ CL O 67 N C 49 (0 40 6~y M M 7q W 0 W G9 6% yy N to M O d d ` d z O O a_ N O O CO N O R N O N O N 3 0 rn ° CL Z 3 c m 0 O m O O O 00 O O O N j O Y Q N N L q CO 0Q 0 N v v to O Q. r' V = Q Q Cl A N N r Y N 3 N N `p U 'C m 3 •2 qu Q d tq E 0 rn rn en Qn M M 19. to Ia t9 q W fN v> w O N p d W j d d U a o c, O N Q N O O N N O O O r 80 d. p H N 3 N O r N d x o_ y oQo O r •U 'lp N y a) m aCi o a~i 0 O 3 7 C N C O) O C O OL N ~ y C 4 'p UO d N y c c o w a 0 a d (opp U b O M > 7 . c C 0 0 0 Q1 a ¢ CO n C l6 CL N t0 c p~ d o Cl. > > m c o d E ° aTi ° n C d 3 O d d U o 0 a 0 m r- .2 tc d Z 0 m Nm m C E U V N H Vv 0i 7 N C - E w y c m a A 2 m 2 Co x co $ aci N C U O N C N G Ql N N 3 W V C Q d v o w r o m y d o 3 0 c m c m d m a i. a= R o a c o°> aUi m c~ °v O m w U c m N O C7 pm A V U ..v2i a! N A L O` M W W p. d G c N 0 tJ o U' U 1. L ¢ ocd) mh°vUUOtit3~maE a¢¢ I (OD, O C ~ U N i ~ Y m m Y y ~ ~ r N M Q N O h CO O O N M m d d d '6 B '6 F . 2 Z Z ,4`oROa CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYYY) F11/17/2015 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 t- 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: r (541) 772-3785 Brown & Brown Northwest PHONE Ex : (541) 772-1111 ac No l: 3256 Hillcrest Park Drive E-MAIL swilson@bbnw.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Medford OR 97504 INSURER A American Casualty Co of Reading PA 20427 INSURED INSURER B :Continental Casualt 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. INSR 1ADDL SUBR! POLICY EFF ! POLJCY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER (MM/DDNYYY) I MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY i EACH OCCURRENCE $ 1,000,000 X X DAMAGE TO RENTED 300,000 A CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence 1 $ 2067238517 3/15/2015 i 3/15/2016 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY j $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE ! $ 2,000,000 i X POLICY El JECOT EILOC PRODUCTS -COMP/OP AGG f$ 2 , 000 , 000 PAESL $ OTHER: I i AUTOMOBILE LIABILITY j 1 COMBINED SINGLE LIMIT $ Ea accident _ ANY AUTO ; BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED 2067238517 3/15/2015 13/15/2016 BODILY INJURY Per accident) j $ AUTOS AUTOS i $ NON-AUTOSOWNED PROPERTY DAMAGE X HIRED AUTOS j' X + + Per accident j Non-owned & Hired Liability $ 1,000,000 UMBRELLA LIAB OCCUR ! ! EACH OCCURRENCE is EXCESS LIAB CLAIMS-MADE + AGGREGATE 1 $ H _ _ DED RETENTION $ ! I I $ WORKERS COMPENSATION SPER OTH- AND EMPLOYERS' LIABILITY TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT ! $ OFFICERIMEMBER EXCLUDED? N / A (Mandatory in NH) i , E.L. DISEASE - EA EMPLOYES $ If yes, describe under i E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below B Professional Liability ! SFH114001378 6/3/2014 i 6/3/2016 Limit: 2,000,000 i Deductible: 5, 0 0 0 (Errors & Omissions) i 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-f 46968-A CIVA (Ed. 01106) IMPORTANT THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANCES 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: BUSINEESSOWNERS 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 persona 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 surveyo.r'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 "persona! 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, N 1. That person or organization is an additional engineering or architectural services done by insured solely for liability. ride to your negligence you on a project of which you serve as specifically resulting` from 'your work" for the construction manager. additional. `insured wiileh 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 ~a coverage applies to liability resulting from the sole injury' arising out of: 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, Clairn or. Suit (Section E2.) : 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 to us which may result in a. claim or `suit" under damage' arising out of the 'products-completed this insurance; operations hazard' unless required by the written contract or written agreement. SBA 46968-A Page 1 of 2 rr_1 na nn_. SB-146968-A (Ed. 01106) 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 Goyerage Part. would pay for the loss in the absence. of this . We have no, duty to defend or indemnify 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 R. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Go'Mmon 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 insurance shown in the Declarations of this 2. This insurance is excess over any other insurance Coverage Part: naming the additional insured as an insured 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 K2.) 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 . 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 aided: 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 ditty under Coverages A or B 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 20 E MAIN ST. 1/5/2016 13313 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 016077 SHIP TO: 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 engineering services for the 30,445.00 desiqn and reconstruction of Grandview Drive between Skvcrest Drive and Ditch Road. Contract for Personal Services Beqinninq date: 12/21/2015 Completion date: 12/31/2016 SUBTOTAL 30 445.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 30,445.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.12.00.70420 E 201530.100 30,445.00 Autho6ied Signatdre`~/' VENDOR COPY r FORM #3 CITY OF 'ASHLAND REQUISITION Date of request: 12/22/15 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 f'le) ❑ 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 # Special Procurement Intergovernmental Agreement PERSONAL SERVICES ❑ $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 Provide engineering services for the design and reconstruction of Grandview Drive $30,445.00 between Skycrest Drive and Ditch Road (see attached) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number 201530.100 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 requisitio~foim, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (E ual reaterthan $5,000) Department ManagerJsi~pervisor/: City Administrator: t (E Ito or greater tJhan $25,000) Funds appropriated for current fiscal year \YES / NO CP ! Z/ v3 5 Finance Director- (Equal to orgrater than $5,000) Date Comments: --r" AX-LIT 4 cy~ ~ I,~''~8 , ~wF.B~ v I Ir. PA,m d ui °-D Form #3 - Requisition V 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: 12-22-2015 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 2015-30. The scope of work for this project includes Professional Engineering Services for the design for the reconstruction of Grandview Drive between Skycrest Drive and Ditch Road. This work will help to reduce potential traffic issues caused by a recently installed guardrail by a property owner. The work is expected to take place in fiscal years 2016 with a budget amount 00. The amount appropriated in the current Council approved budget to perform this w is 50.00. 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, 12/22/2015